Transfer from Raipur to Akaltara Declared Invalid Due to Non-compliance with Chhattisgarh Municipal Corporation Act, 1956
In a significant ruling, the Chhattisgarh High Court has quashed the transfer order of Mohammad Wasim Khan, a Sub-Engineer, from Municipal Corporation Raipur to Municipal Council Akaltara. The court found the transfer order to be contrary to the provisions stipulated under the Chhattisgarh Municipal Corporation Act, 1956.
The petitioner, represented by Ms. M. Asha, argued that the transfer, executed under the guise of administrative exigency, did not comply with Section 58(5) and Section 58(6) of the Act. According to these sections, such transfers are permissible only on deputation or if a lien is maintained, neither of which was adhered to in this case. The petitioner's counsel cited precedent from a similar case adjudicated by the High Court of Madhya Pradesh, reinforcing the argument that municipal employees cannot be transferred between corporations without meeting statutory conditions.
Opposing the petition, the State's counsel, Shri Gary Mukhopadhyay, asserted that the transfer was within legal bounds and emphasized that transfers are an inherent condition of service. However, the court, presided over by Justice Bibhu Datta Guru, upheld the petitioner's argument, highlighting the statutory non-compliance in the impugned order.
In its judgment, the court emphasized the necessity of adhering to statutory provisions governing employee transfers and noted that personal hardships, while empathetically considered, remain secondary to legal compliance. The ruling allows the State the option to proceed with the transfer in accordance with the Act's provisions, should administrative needs justify such an action.
This judgment reaffirms the importance of statutory compliance in administrative actions, underscoring that even routine service matters like transfers must adhere to legal frameworks.
Bottom line:-
Transfer of employees between Municipal Corporations under the Chhattisgarh Municipal Corporation Act, 1956, can only be made on deputation or with lien, and a simple transfer order without compliance with these provisions is contrary to law.
Statutory provision(s): Chhattisgarh Municipal Corporation Act, 1956 Sections 58(5) and 58(6)
Mohammad Wasim Khan v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2946301
