Panchayati Raj Department Can Accord Post-Facto Consent For Transfers But Employees With Extenuating Situations Must Be Heard: Rajasthan HC
1 month, 1 week ago

Panchayati Raj Department Can Accord Post-Facto Consent For Transfers But Employees With Extenuating Situations Must Be Heard: Rajasthan HC

Live Law  

While hearing a bunch of petitions challenging transfers of the Panchayati Raj Department, Rajasthan High Court ruled that the requirement of taking consent from the Panchayati Raj Department for such transfers as envisaged under the Rule 8 of the Rajasthan Panchayati Raj Rules, 2011 was not necessarily pre-facto and was fulfilled even if the consent was taken post-facto. “No doubt, the approval of the Secretary of Panchayati Raj Department is ex-post facto but the same per-se does not vitiate the requirement of seeking consent in terms of Rule 8 of the Rules of 2011. Thus, in the deserving cases humanitarian outlook must be adopted.” These bunch of petitions were segregated in three categories by the Court- 1) Alleged violation of Rule 8 of the Rules contending that the District Establishment Committee of the Zila Samiti had not passed the order while transferring them from one Panchayat Samiti to another; 2) Alleged violation of Rule 8 of the Rules stating the no prior consent of the Panchayati Raj Department was taken; 3) Alleged violation of Rule 31 of the Rajasthan Scheduled Areas Subordinate, Ministerial and Class-IV Service Rules, 2014. Regarding the second set of observations, the Court rejected the argument raised by the petitioners of the requirement being of prior consent and made the above-mentioned observations based on the Rajasthan High Court case of State Of Rajasthan v Rekha Kumari in which it was ruled that once the consent of the Panchayati Raj Department was obtained, be it pre or post ex-facto, the requirement of Rule 8 was fulfilled.

Rajasthan Consent Court Petitions Transfers Rules State Department Rule Raj Panchayati Such Transfers Panchayati Raj Department  hc  situations  court  postfacto  rule  department  extenuating  rajasthan  consent  employees  rules  petitions  heard  panchayati  state  raj  transfers

History of this topic

In Absence Of Rules Regulating Transfer Of Govt Employees, Orders Issued Under Article 162 Will Have Statutory Force: Andhra Pradesh HC
1 week, 1 day ago

In Absence Of Rules Regulating Transfer Of Govt Employees, Orders Issued Under Article 162 Will Have Statutory Force: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court has confirmed that in the absence of any Rules governing the transfer of Employees, an executive order/ Government order issued under Article 162 of the Indian Constitution, which lays down guidelines relating to transfer, shall have statutory force. The failure of the employer to adhere to the guidelines, which prescribe the procedure, in the opinion …

Reflects State Officials' Adamancy To Not Let Go Of Administrative Superiority: Rajasthan HC Stays Transfer Of 1000 Panchayat Officers
1 month, 2 weeks ago

Reflects State Officials' Adamancy To Not Let Go Of Administrative Superiority: Rajasthan HC Stays Transfer Of 1000 Panchayat Officers

Live Law  

While staying the transfer of over 1000 officials–where the elected Panchayat bodies were denied the opportunity to exercise their powers under law, the Jodhpur bench of the Rajasthan High Court said that it reflected the State officials' adamancy to not let go of their administrative superiority. It said that despite the ruling in Khera Ram which also issued transfer guidelines …

Seem To Be Passed In Great Haste: Rajasthan HC Tells State To Decide Afresh On Transfer Of 1116 Accounts Officers Ensuring Non-Arbitrariness
1 month, 2 weeks ago

Seem To Be Passed In Great Haste: Rajasthan HC Tells State To Decide Afresh On Transfer Of 1116 Accounts Officers Ensuring Non-Arbitrariness

Live Law  

The Jodhpur bench of the Rajasthan High Court has directed the State to take a fresh call on the transfer of 1,116 Assistant Account Officers, who had alleged violation of a Finance Department circular as per which the officers could be transferred "only in special circumstances and in the interest of the state" before completing 4 years with sanction. The …

Only Chief Secretary/ Administrative Reforms Dept Can Direct Joint Inquiry Against Delinquents From Different Departments: Rajasthan HC
2 months ago

Only Chief Secretary/ Administrative Reforms Dept Can Direct Joint Inquiry Against Delinquents From Different Departments: Rajasthan HC

Live Law  

In a case where two officers governed by two different departments and disciplinary authorities are booked by only one taking disciplinary action, the Jodhpur bench of the Rajasthan High Court said that in such a case only the Chief Secretary/competent authority of Administrative Reforms and Coordination Department can direct a joint inquiry under the relevant rules. For context, Rule 18 …

Siddaramaiah mandates his approval for all official transfers in Karnataka
3 months ago

Siddaramaiah mandates his approval for all official transfers in Karnataka

India Today  

Karnataka Chief Minister Siddaramaiah issued a directive requiring all top government officials to seek his prior approval before making any transfers in their respective departments. "If it is necessary to transfer people in any department in administrative and public interest, the prior approval of the Chief Minister should be obtained," the directive stated. Siddaramaiah warned that failure to comply with …

Assembly winter session: Himachal govt introduce billto amend land transfer laws
3 months ago

Assembly winter session: Himachal govt introduce billto amend land transfer laws

Hindustan Times  

The Himachal Pradesh government on the first day of the four-day winter session--on Wednesday--introduced an amendment to the Himachal Pradesh ceiling on Land Holdings Act to allow the transfer of land for religious, spiritual or charitable purposes, subject to the maximum limit of thirty acres. This comes after the state government decided to bring an Amendment Bill to the Himachal …

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court
4 months, 1 week ago

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court

Live Law  

The Jodhpur bench of the Rajasthan High Court ruled that Rule 85 of the Rajasthan Panchayati Raj Rules, did not prohibit the Election Tribunal from appointing a Court Commissioner for examining a witness because the discretion provided in proviso to the Rule made the provision enabling and not prohibitory. A single judge bench of Justice Kuldeep Mathur in its order …

Delhi High Court Questions West Bengal's Approach Of Refusing Inter-Cadre Transfer To All India Services Officers Without Placing Relevant Material On Record
3 years, 6 months ago

Delhi High Court Questions West Bengal's Approach Of Refusing Inter-Cadre Transfer To All India Services Officers Without Placing Relevant Material On Record

Live Law  

The Delhi High Court has questioned State of West Bengal's approach of refusing inter cadre transfer requests of All India Services officers without placing relevant material on record. The Court dismissed a petition filed by State of West Bengal challenging an order passed by Central Administrative Tribunal which had directed to relive an Indian Administrative Service officer belonging to West …

Discover Related