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2016 Supreme(All) 762

ALLAHABAD HIGH COURT
BEFORE : ARUN TANDON AND MRS. SUNITA AGARWAL, JJ.
AKHIL BHARTIYA MANAV KALYAN EVAM SAMAJOTHHAN AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Public Interest Litigation (PIL) No. 29592 of 2016 connected with Civil Misc.Writ Petition No. 49534 of 2015, decided on 1st July, 2016)

Advocates:
Counsel :
Amar Nath Singh and S.K. Mishra for the Petitioners; C.S.C., A.N. Singh, A.S.G.I., Amit Misra, Anjali Upadhya, B.B. Jauhari, N.I. Jafri, Rajesh Kumar Tripathi, Ramendra Pratap Singh, Suresh Singh and Shivam Yadav for the Respondents.

Headnote:U.P. Industrial Development Act, 1976—Section 4—Appointment—Continuance of officer—Chief Executive Officer (CEO) in three Industrial Development Authority created around National Capital Region (NCR) namely NOIDA, Greater NOIDA and Yamuna Expressway Industrial Development Authority—An officer holding charge of CEO of NOIDA, Greater NOIDA and Yamuna Expressway Industrial Development Authority—Under Section 4 of Act—CEO should be a whole time officer of authority—Continuance of an I.A.S. officer against post for such long period and his continuance to hold charge of three different Industrial Development Authorities, could not be said to be proper, fair and just—In totality of circumstances, certain directions issued. [Paras 20 to 25 and 33]

       Result; Order Accordingly.

       

JUDGMENT

By the Court.—Heard learned counsel for the petitioners, learned Chief Standing Counsel, Sri M.C. Chaturvedi, learned Senior Advocate on behalf of the respondent-Noida Development Authority, Sri Bhanu Bhushan Jauhari, learned Advocate on behalf of respondent-Greater Noida Development Authority.

2. These two Public Interest Litigations (PILs) have been filed before this Court raising serious concern in the matter of appointment and continuance of officers including the highest officer namely Chief Executive Officer (CEO) in three Industrial Development Authorities created around the National Capital Region (NCR) namely NOIDA, Greater NOIDA and Yamuna Expressway Industrial Development Authority.

3. According to the petitioners Mr. Rama Raman an IAS officer is the blue eyed boy of the Government of Uttar Pradesh. The same officer holds charge of Chief Executive Officer (CEO) of NOIDA, Greater NOIDA and Yamuna Expressway Industrial Development Authority. The extra ordinary competence of the officer can be seen from the said fact itself and the lack of competent officers with the State Government for manning three different posts is also apparent from the same assertion. The State Government for last six years i.e. since 2010 has not been able to find required number of suitable officers, who can hold the post of Chief Executive Officers for three Industrial Development Authorities, independently.

4. The High Court, while entertaining the first writ petition in the year 2015 vide order dated 2.9.2015, had noticed as under :

“Heard Counsel for the petitioner, Standing counsel and Sri Bhanu Bhusan Jauhari, learned counsel for respondent No. 8 and Sri Rajesh Kumar Tiwari, learned counsel for respondent Nos. 4 and 10.

If the allegations made in the present writ petition are correct then prima facie it is established that respondent Nos. 11 to 16 are blue eyed boys of the State Government. By way of example of respondent No. 11, Sri Rama Raman, is presently posted as Chief Executive Officer, Noida, Greater Noida and Chairman of Yamuna Expressway Authority. He has remained posted in these authorities for years together.

We fail to understand as to why the State Government could not appoint any other officer and why Sri. Rama Raman has not been transfered to any other post in any other district, what is so special about him and why should he remain as head of three authorities at the same time.

Learned counsel for the Yamuna Express Way Authority submits that Sri Santosh Yadav, Chief Executive Officer, Yamuna Express Way Authority has joined recently on 10.6.2015.

He may supply the details of other officers appointed in Yamuna Express Way Authority since the date of initial appointment.

The Court has been informed that the officers who are appointed in Noida Industrial Development Authority, Greater Noida Development Authority, and in Yamuna Express Way Authority continue to remain posted therein as they are not holdes of transferable post.

We may record that the posts in all other development authorities in State of Uttar Pradesh established under the U.P. Urban Planning Development Act are transferable posts. The Chief Secretary must explain as to why the post in these Industrial development authorities have not been made transferable.

Sri. Bhanu Bhushan Jauhri appearing for respondent No. 8 has informed the Court that Sri. Rama Raman has been posted in Noida since 5.7.2010 on deputation. The Chief Secretary may inform the Court as to whether the posts held by Rama Raman are cadre posts and whether Cadre Rules admit appointment by deputation or not.

All other respondents are also granted time to file their reply to the averments made in the writ petition by the next date. Particulars of their place of posting since they have entered into Government Service/Service of Industrial Development Authority must be disclosed in form of a chart. Personal affidavit must be filed by the Chief Secretary of U.P. by the next date in response














































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