Back
2019 Supreme(Del) 1636
IN THE HIGH COURT OF DELHI
VIPIN SANGHI, JYOTI SINGH, JJ.
The State of Bihar through its Chief Secretary – Petitioner
Versus
Dr. Jitendra Gupta & Another – Respondents
W.P.(C). No. 5648 of 2018 & CM. APPL. Nos. 22046, 27458 & 32283 of 2018
Decided On : 02-07-2019
For the Petitioner:Devashish Bharukha, Addl. Standing Counsel, Justine George, Advocate.
For the Respondent:Sachin Datta, Sr. Advocate, Sourabh Ahuja, Arun Bhardwaj, Advocates.
The court established the duty to protect an officer's life and liberty, the validity of State consent for inter-cadre transfer, and the power of the court to award compensation for harm caused.
Headnote:
IAS Officer - Inter-cadre Transfer - IAS Cadre Rules 1954, Rule 5(2), Rule 6 - The court discussed the provisions of Rule 5(2) and Rule 6 of the IAS Cadre Rules 1954, which govern inter-cadre transfers and deputations. The court highlighted the grounds for inter-cadre transfer based on 'extreme hardship' and the role of the Central Government and State consent in the transfer process.
Fact of the Case:
The case involved an IAS officer from Bihar who faced threats to his life and liberty due to his actions against the transport mafia and corrupt officials. He sought inter-cadre transfer to Haryana for safety. The State of Bihar initially withheld consent, leading to a legal battle.
Finding of the Court:
The court found that the officer faced genuine threats and had been victimized by the State of Bihar. It directed the Central Government to initiate the inter-cadre transfer process and awarded the officer Rs. 5,00,000 as compensation for the harm caused.
Issues: The key issues included the validity of the State's consent for inter-cadre transfer, the officer's safety concerns, and the victimization and harassment faced by the officer.
Ratio Decidendi: The court's decision was based on the officer's genuine threat perception, the flawed assessment by the State, and the need to protect the officer's life and liberty. It emphasized the duty of the court to protect fundamental rights and the rule of law.
Final Decision: The court dismissed the petition and directed the Central Government to initiate the inter-cadre transfer process. It also awarded the officer Rs. 5,00,000 as compensation for the harm caused.
JUDGMENT :
Jyoti Singh, J.
1. The present writ petition has been filed by the State of Bihar, assailing the order passed by Central Administrative Tribunal, Principal Bench, New Delhi, dated 22.3.2018, by which the learned Tribunal has allowed the O.A. of respondent no. 1 herein and has directed respondent no. 2 herein/Union of India to consider the case of the applicant/respondent no. 1 for inter-state deputation to the State of Haryana under Rule 5(2) of IAS Cadre, Rules 1954, or for Central Government deputation under Rule 6 of the said Rules. Vide the same order, respondent no. 2-who is the petitioner herein, has been directed not to withhold its consent for the deputation, and to communicate its consent to the Union of India, whereafter Union of India has to issue appropriate orders for inter-state deputation to Haryana or Central deputation, as deemed fit, after obtaining approval of the ACC.
2. The applicant in the O.A. (who is respondent no. 1 herein) is a 2013 Batch IAS Officer of Bihar Cadre. In December, 2015 he was posted as Sub-Divisional Officer/Sub-Divisional Magistrate in Mohania Sub-Division of Kainoor District of Bihar.
3. The case of Respondent No. 1 as pleaded in the O.A. was that the State of Bihar was afflicted with the menace of overloading of heavy vehicles. The transporters in connivance with some State Officials were permitting overloaded vehicles to ply on roads and this was causing fatal accidents leading to loss of human life, besides pollution, as well as damage to roads, highways, bridges and other properties. Vide letter dated 23.10.2013, the Transport Department authorized the SDOs of the State to take measures to curb the menace. Unfortunately, another illegal practice rampant in the State was that the police officials were stopping the trucks and heavy vehicles on NH-2 and unnecessarily challaning them. This unauthorised seizure and parking of the trucks and other vehicles was hindering the ongoing work of widening of NH-2, besides causing fatal accidents on daily basis. In fact, NHAI had through several letters, brought this to the notice of the concerned SPs and DSP, but police authorities chose not to take any action.
4. Respondent no. 1 being a dutiful officer chose to carry out the directives issued to him with all sincerity. In the lawful exercise of his duties, he took stern action against the transport mafia and other wrong doers and was successful to a large extent in controlling the menace of illegal parking and overloading of the heavy vehicles.
5. This action by respondent no. 1 antagonised the transport mafia and thus it was the case of the applicant in the OA, that this led to the mafia hatching a conspiracy along with the Vigilance Bureau of the State Govt., to get him out of their way. This led to a false complaint being made against respondent no. 1 on 08.07.2016. The author of the complaint was a notorious mafia called Arvind Kumar Singh, who is a known criminal of Mohania and is a named accused in several FIRs, and has been in Jail for serious socio-economic crimes.
6. It was the case of respondent no. 1 that without permission of the competent authority, or a search warrant, the Vigilance Bureau searched his official residence in the night of 12.07.2016 and arrested him in the midnight. An FIR was lodged at Police Station, Patna, under Sections 7, 8, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. The sum and substance of the allegations in the FIR was that respondent no. 1 had demanded money for release of the seized vehicles and on search, in a trap case, incriminating documents were found in his house. He suffered incarceration for several days.
7. Following the arrest, respondent no. 1 was placed under suspension on 20.07.2016. Chargesheet was framed on 08.12.2016 in departmental proceedings against him. However, the IAS Officers’ Association, Bihar Branch protested against the illegal arrest and the high-handed action of the Vigilance Bureau, at th
