The Odisha High Court passed the judgement on 19 September 2022. In the case of Gagan Bihari Patra& Ors. v. State of Odisha & Ors.(W.A. No. 401 of 2017 ). The Orissa High Court has held that a Collector can transfer Gram RozgarSevakas (‘GRS’), who are engaged under Section 18 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREG Act’) read with the MGNREG’s Operational Guidelines, 2013, For ‘administrative exigencies. While dismissing challenges to such transfers, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash passed the judgement.
FACTS
The dispute transfer order was issued by the collector Karahan. The reason they were given in the order of the conflict in the conflict was that they were “administrative land.” When the GRS refuses to request a written request, and when it is transferred to a single judge, it is due to Jitra Kumar Pati V. ORISSA State on October 11, 2017. The appellant presented a telephone in the department to the department bank after being injured by the latter. The appellants argued that one judge had not recognized that there was no relationship between the teacher and the servant between Gram Panchayat (GP) and GRS, and the same goes for the (OGP) in 1964. It complies with the provisions of the provisions of the provisions of the law. Consequently, the collector did not have the power to make this transfer order. Second, it was declared that the order of order of the ordered mortgage loans violated the principle of natural justice, because no hearing was given to any of the recurring before the approval of the transfer order. It was indicated that the general authority of a collector had been presented which exceeded his power and authority when the transfer order has passed.
JUDGEMENT
The Court stressed in the Declaration of Oaths in the counters that was explained in detail by the additional secretary of the Government of Odisha, the Board of Radio and Drink and Water of Panchayati. Activities. On the basis of article 18 of the MNGREG Law, the State Government is obliged to allow the use of a collector and a program agent, that is, the Block Development Manager (BDO), the necessary personnel and the staff necessary and the coordinator of the District program, which is a support technique. I am. Effective implementation of the MNGREG scheme. The court also mentioned paragraph 2.4.2. In the directives of the Mangregas 2013 operation, the Court determined that a clear instruction in the previous directives had been issued. Selection and participation of GRS on April 6, 2018. In addition, on June 2, 2018, the Odisha government authorized, among other things, to move the GRS to the district in consideration of the administrative urgency. As a result, the collector concluded that for management reasons, it was allowed to relocate GRS to another general practitioner in the district. As a result, there is no illegality related to the dispute transfer order. Furthermore, none of these repetitions cannot be indicated that the transfer order that has been transferred is suffering from evil, or it is clear that it is clearly ARBITRARY to justify the court interference. The applicationwas rejected.
JUDGEMENT REVIEWED BY KUNMUN DAS.
