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IN THE HIGH COURT OF ALLAHABAD
A. Chakrabarti, J.
PAWAN KUMAR SRIVASTAVA - Appellant
Versus
U.P.STATE ELECTRICITY BOARD - Respondents
C. M. W. P. 24227 Of 1994
Decided On : 01/16/1995
TRANSFER OF GOVERNMENT EMPLOYEE - MALA FIDE - POLITICAL CONSIDERATIONS - COURT'S INTERFERENCE - U. P. STATE ELECTRICITY BOARD ACT, 1950 - SERVICE REGULATIONS, 1975.
Fact of the Case:
The petitioner, a Chemist Grade-II employee of the U. P. State Electricity Board, challenged his transfer from Harduaganj to Tanda, alleging that it was mala fide and based on political considerations.
Finding of the Court:
The court found that the transfer order was issued solely on the basis of political complaints and influence, without any consideration of administrative exigency or public interest. The court also found that the transfer was ordered by the Chairman of the Board on the direction of the Chief Minister, who had been influenced by letters from political leaders.
Issues: 1. Whether the transfer order was mala fide and based on political considerations. 2. Whether the court could interfere with the transfer order.
Ratio Decidendi: 1. The court held that the transfer order was mala fide and based on political considerations, as it was issued solely on the basis of political complaints and influence, without any consideration of administrative exigency or public interest. 2. The court held that it could interfere with the transfer order as it was mala fide and violative of the principles of natural justice.
Final Decision: The court allowed the writ petition and set aside the impugned transfer orders.
( 1 ) THE petitioner has challenged the order dated June 14, 1994 and July 16, 1994 transferring the petitioner from Harduaganj.
( 2 ) THE case made out in the writ petition in brief is as follows:
( 3 ) THE petitioner was appointed on the post of Chemist Grade-II on August 12, 1977 and was regularised on the post by memorandum dated January 21, 1994 with effect from August 12, 1982 and was confirmed with effect from April 1, 1986 by memorandum dated February 26, 1994. The petitioners service was meritorious and he was twice given the time-bound pay-scale. The petitioner is the General Secretary of the U. P. Vidyut Mazdoor Sangh which is a registered trade union and is affiliated to Bhartiya Mazdoor sangh a federation of Trade Unions duly recognised by Government of India. The respondent No. 6, the City President, Bahujan Samaj party by letter dated May 3, 1994 made false allegations against the petitioner to the Chief minister of the State. The substance of the allegations was harassing the members of the backward class and blackmail ing them. The said letter at Annexure 3 to the writ petition also enclosed a letter addressed to the Chief Minister dated May 1, 1994 wherein similar allegations were made. The respondent No. 6, the City President of Bahujan Samaj Party handed over his letter dated May 3, 1994 to the then Education Minister of U. P. The Education Minister wrote a letter to the Chief Minister dated May 11, 1994 (Annexure 5 to the writ petition) wherein complaint was made against the petitioner of communal activities and thereby harassing the members of backward class with a request to transfer the petitioner to some other place. The secretary to the Chief Minister by his letter dated May 20, 1994 addressed the Chairman, U. P. State Electricity Board asking him to peruse the letter of the Education Minister dated May 11, 1994 and the request of the Chief Minister to transfer the petitioner from Harduaganj. He further stated that the Chief Minister desired the transfer and so to act accordingly and to intimate the education Minister about the same. On the said letter the direction of the Chairman, U. P. State electricity Board has been noted directing the Secretary to transfer the petitioner to Tanda. Such noting was made on May 27, 1994. The said letter itself indicates action taken by the authorities on such direction from the Chief Minister admittedly on the basis of the letter of the Education minister. Ultimately, the transfer order dated June 14, 1994 (Annexure-1 to the writ petition)was issued transferring the petitioner from Harduaganj to Anpara. The said transfer order was followed by another order dated July 16, 1994 (Annexure-2 to the writ petition) whereby the earlier transfer order dated June 14, 1994 was partially modified by making the transfer to Tanda instead of Anpara. The petitioner contends that the said transfer order is only on complaint from political people against the petitioner because of political rivalry and without any assessment as to the truth of the said allegations by any appropriate authority at all. Thus, the transfer order being absolutely mala fide and not on administrative exigency or in public interest is liable to be set aside.
( 4 ) THE respondents contested the proceeding initially by filing a short counter-affidavit disclosing the only fact that the petitioner already stood relieved on June 18, 1994. The said short counter-affidavit was followed by a supplementary counter affidavit. In the said supplementary counter affidavit, the respondent contended that on certain complaints against the petitioner of the year 1992 and a recommendation for his transfer on such complaints in the year 1992 and that by communication dated April 5, 1994, the Project at Anpara requested for posting one Chemist Grade II for a vacant post there. It has been stated that considering the overall circumstances and administrative exigencies as also the requirement of Chemist Grade I
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