Facts
The petitioner, Secretary of Gram Panchayat Taraigaon, was initially posted at Village Panchayat Taraigaon, Janpad Panchayat Gaurella, District Gaurella-Pendra-Marwahi. He was placed under suspension by order dated 3 July 2026. The suspension order was subsequently kept in abeyance by the Chief Executive Officer, Zila Panchayat, on 7 September 2026, following which the petitioner was posted at Village Panchayat Bhaskura, approximately 50 kilometres from his earlier place of posting
Source reference: para. 1The petitioner submitted a representation dated 11 September 2026 to the Chief Executive Officer, Zila Panchayat, seeking posting at a nearer place, preferably Village Panchayat Taraigaon. As the representation remained pending, he approached the High Court seeking its consideration and disposal
Source reference: para. 2Issues
Whether the Chief Executive Officer, Zila Panchayat, should be directed to consider and decide the petitioner’s pending representation seeking posting at a nearer place, in accordance with law and the applicable rules or policy
Source reference: para. 2Whether the Court could grant the petitioner posting at any particular place, including Village Panchayat Taraigaon, on the facts presented
Source reference: paras. 4–5Law Applied
The Court applied the principle that a competent administrative authority must consider and decide a pending representation in accordance with law, the applicable rules or policy, and by passing a reasoned and speaking order.
Source reference: paras. 4–5The Court also recognised that decisions concerning posting and transfer fall within the domain of the competent administrative authority and that judicial directions should not predetermine the merits of a claim for posting at a particular place.
Source reference: paras. 4–5Reasoning
The Court noted that the petitioner’s representation dated 11 September 2026 was pending before the competent authority and that the State and respondent No. 4 had no objection to its consideration.
Source reference: paras. 2–3Since the petitioner sought only a limited procedural relief, the Court did not examine the merits of his request for posting at Taraigaon or any other particular location. It directed the Chief Executive Officer, Zila Panchayat, to independently consider the representation under the applicable legal framework and to issue a reasoned and speaking order, preferably within 30 days of receiving the Court’s order.
Source reference: paras. 4–5Holding
The writ petition was disposed of with a direction to the Chief Executive Officer, Zila Panchayat, Gaurella-Pendra-Marwahi, to consider and decide the petitioner’s representation dated 11 September 2026, if still pending, in accordance with law and the applicable rules or policy, by passing a reasoned and speaking order, preferably within 30 days from receipt of the order.
The Court clarified that it had expressed no opinion on the merits of the petitioner’s claim for posting at any particular place.
Source reference: para. 5Original Court PDF
KISHAN RATHOREvsSTATE OF CHHATTISGARH
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