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2000 Supreme(All) 507

IN THE HIGH COURT OF ALLAHABAD
M. Katju and D. R. Chaudhary, JJ.
GOBARDHAN LAL - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 2893 Of 2000
Decided On : 04/03/2000

Advocates Appeared:
GAURAV KUMAR SRIVASTAVA

Headnote:

Transfer - Government Servants - Part XIV of the Constitution, British pattern of administration - Transfers and postings of government servants should be on administrative grounds only and not for political, caste, monetary or other extraneous consideration. Government servants should be politically neutral. The senior officer of the department has discretion for transfers and postings. The Government should fix a specific period for the posting of a Government servant at a particular place to provide stability and reduce financial burden. Civil Servants and public authorities are expected to be politically neutral. Citizens have a fundamental right to good governance, and this right is part of Article 21 of the Constitution. The citizens have a right to a dignified and civilized life. The Government should set up a Board similar to the Civil Services Board for transfers and postings of Class I officers.

Fact of the Case:

The petitioner, a District Supply Officer, Meerut, challenged a transfer order to the headquarter at Lucknow, alleging political pressure. Conflicting statements in the affidavits made it impossible for the court to decide the disputed questions of fact. The court laid down general principles regarding transfers and postings of Government servants.

Finding of the Court:

The court found that the transfer order was challenged on the ground of political pressure, and conflicting statements in the affidavits made it impossible to decide the disputed questions of fact. The court laid down general principles regarding transfers and postings of Government servants.

Issues: The issues involved the transfer of the petitioner, a District Supply Officer, Meerut, to the headquarter at Lucknow, and the alleged political pressure behind the transfer.

Ratio Decidendi: The court held that transfers and postings of government servants should be on administrative grounds only and not for political, caste, monetary, or other extraneous consideration. The senior officer of the department has discretion for transfers and postings. The Government should fix a specific period for the posting of a Government servant at a particular place to provide stability and reduce financial burden. Civil Servants and public authorities are expected to be politically neutral. Citizens have a fundamental right to good governance, and this right is part of Article 21 of the Constitution. The Government should set up a Board similar to the Civil Services Board for transfers and postings of Class I officers.

Final Decision: The petition was disposed of with the direction for the petitioner to make a representation to the Chief Secretary to the State government, who will decide the representation himself or through his nominee. The Government should set up a Board similar to the Civil Services Board for transfers and postings of Class I officers.

M. KATJU, J.

( 1 ) THIS writ petition has been filed against the impugned transfer order dated 8. 12. 1999 copy of which is Annexurc-1 to the petition. By that order the petitioner who was District Supply officer, Meerut was transferred to the headquarter at Lucknow.

( 2 ) IN this case on 19. 1. 2000 we passed the following interim order :

"heard learned counsel for the petitioner and the learned Chief Standing Counsel. The petitioner has challenged the transfer order dated 8. 12. 1999, Annexure-1 to the writ petition. The petitioner is District Supply Officer, Meerut. By the impugned transfer order, he has been transferred from Meerut to the head quarter at Lucknow. Annexure-2 is copy of the letter dated 1. 12. 1999 sent by a local MLA Sri Atul Kumar to the Minister of Food and Civil Supply, government of U. P. in which it has been written that the petitioner does not give importance to mlas and he is lodging false cases against businessmen, and therefore, he should be immediately removed from Meerut and one Sri Mohan Singh should be posted as District Supply officer, Meerut, since Sri Singhs functioning is in accordance with the policy of the B. J. P. However, the District Magistrate. Meerut, in his letter dated 10. 12. 1999 has written to the secretary, Food and Civil Supply Department. U. P. that the petitioner is doing good work and he has greatly improved the functioning of the office of the District Supply Officer and there is no complaint against him. Thereafter, the petitioner was transferred by the impugned order. We are prima facie of the opinion that the petitioners transfer was because of the aforesaid letter of the MLA. A large number of petitions are coming up before this Court challenging transfer orders of government servants at the behest of politicians. We are distressed to note that over the last few decades there has been continuous politicalisation of the bureaucracy, and harassment of the government servants due to political interference. Under the Constitutional Scheme relating to government servants, as implicit in Part XIV of the Constitution, the Government servants should be politically neutral in discharging their duties. No doubt the Government may formulate policies and it is the undoubted duty of Government servants to faithfully implement these policies (provided they are not illegal or unconstitutional) even if the Government servants disagree with the said policies, but the Government servants should not be politically allied with any party. Under the British pattern of administration which we have adopted under our constitution it is implicit that while the Minister can lay down the policy (which has to be implemented by the Government servants), there should not be day-to-day interference with the routine matters of the department by the Minister. In particular, transfers and postings of government servants is in the discretion of the Senior Officer of the concerned department, who has to pass such orders on administrative grounds only and not for political, caste, monetary or other extraneous consideration. It is regrettable that over several decades there has been undue political interference in the bureaucracy due to which standards and independence of the bureaucracy have been adversely affected. Frequent transfers in fact demoralize the working of the Government servants, besides imposing an extra financial burden on the depleted State exchequer. We are deeply distressed to know from media reports (in T. V. and newspapers) that transfers will not be made on the recommendations of the local unit of the ruling party. This is wholly unconstitutional. The time has, therefore, now come to lay down proper guidelines by the Court in this connection. We propose to do so in this case. However, before doing so, we grant the learned Chief Standing Counsel three weeks time to file a counter-affidavit. List as part-heard before us on 14. 2. 2000, on which date the Chief Secretary himself shall file



























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