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1997 Supreme(All) 1561
IN THE HIGH COURT OF ALLAHABAD
S.C. VERMA, DEV KANT TRIVEDI, JJ.
Lokesh Kumar, P.C.S. - Appellant
Versus
State of U.P. and Others - Respondent
Writ Petition No. 628 (S/B) of 1997
Decided On : 05-09-1997
Advocate Appeared:
For the Appellant : C.S.C., S.C. Misra.
Transfer of government officers should be done only in administrative exigencies and in public interest, and not for political reasons.
Headnote:
TRANSFER OF GOVERNMENT OFFICER - POLITICAL INTERFERENCE - PUBLIC INTEREST - ADMINISTRATIVE EXIGENCY - VALIDITY OF TRANSFER ORDER - JUDICIAL REVIEW - CONTEMPT OF COURT - CONCEALMENT OF FACTS - DUTY OF GOVERNMENT OFFICERS.
Fact of the Case:
The petitioner, a PCS Officer, was transferred from the post of General Manager, Kichha Sugar Company to Additional District Magistrate (Project), Kanpur, on the complaint of a Member of Legislative Council and on the recommendations of a Member of the Legislative Assembly. The petitioner challenged the transfer order on the ground of political interference and absence of any administrative exigency.
Finding of the Court:
The court found that the transfer order was passed in colourable exercise of power by the respondents without there being any administrative exigency or public interest, and mainly for political reasons. The court also found that the petitioner had concealed the fact that he had handed over charge of the post on 28.6.1997, and had obtained an interim order from the High Court without disclosing the correct and complete facts.
Issues: 1. Whether the transfer order was passed in colourable exercise of power by the respondents without there being any administrative exigency or public interest, and mainly for political reasons? 2. Whether the petitioner had concealed the fact that he had handed over charge of the post on 28.6.1997, and had obtained an interim order from the High Court without disclosing the correct and complete facts?
Ratio Decidendi: 1. The court held that the transfer order was passed in colourable exercise of power by the respondents without there being any administrative exigency or public interest, and mainly for political reasons. The court relied on the letter written by the Member of Legislative Council, which contained allegations of oppression committed by the petitioner on Dalits, and the endorsement of recommendation by the Member of the Legislative Assembly. The court also noted that the Chief Minister had taken cognizance of the complaint without any further enquiry. 2. The court held that the petitioner had concealed the fact that he had handed over charge of the post on 28.6.1997, and had obtained an interim order from the High Court without disclosing the correct and complete facts. The court observed that the petitioner was bound to place correct and complete facts relating to his handing over of the charge of the post, and that he should have been more discreet even in cases of acute diversity.
Final Decision: The court allowed the petition and set aside the impugned transfer order. The petitioner was directed to function on the post of General Manager/ Executive Director, Kichha Sugar Company.
S.C. VERMA, J.
1. The order of transfer dated 24.6.1997, transferring the petitioner from the post of General Manager, (Executive Director), Kichha Sugar-Company (A subsidiary of U. P. State Sugar Corporation, Ltd.), Udham Singh Nagar to Additional District Magistrate (Project), Kanpur, has been challenged in the present writ petition mainly on the ground of political interference and absence of any administrative exigency as also on account of mala fide actions of the respondents No. 1 to 3.
2. The petitioner is a P.C.S. Officer appointed in the year 1985 and while posted as General Manager, Sugar Mill, Bilaspur, District Rampur, he was transferred on 17.1.1997 as Additional District Magistrate, Sambhal, District Moradabad. The petitioner was then transferred as Deputy Director (Administration), Mandi, Moradabad on 5.2.1997. The petitioner was again transferred and relieved of the charge on 7.2.1997 and was placed in the waiting list to await further posting. The petitioner was transferred on 10.2.1997 on the post of Deputy Director, Consolidation, Azamgarh. On the request of the petitioner considering the frequent transfers, he was posted on 6.3.1997 to Kichha Sugar Company, Kichha District Udham Singh Nagar as General Manager (Executive Director). The petitioner after completing about three months on the said post has again been transferred by the impugned order dated 24.6.1997 on the complaint made by one Sri Isam Singh, Member of Legislative Council and on the recommendations made by one Sri Isam Singh, Member of the Legislative Assembly. The petitioner has alleged that on the basis of false, concocted and frivolous complaint made by the said persons to the Hon'ble Chief Minister, Sushri Mayawati, she had directed the Appointment Secretary to transfer the petitioner to a non-sensitive post. The note dated 22.6.1997 issued by the Chief Minister is on the letter dated 8.6.1997 of Sri Isam Singh, M.L.C., Saharanpur. A copy of the letter and the endorsement of the Chief Minister are contained in Annexure No. 2 to the writ petition. The petitioner has further alleged that the impugned action is neither for any administrative exigency nor in the public interest rather it has been passed on extraneous considerations and for political considerations. The work and conduct of the petitioner is meritorious and there was no complaint or adverse record.
3. In the counter-affidavit filed on behalf of respondent No. 3, it has been stated that the order dated 24.6.1997 has been passed by the Competent Authority in public interest. In the order itself, it has been recited that the Officer mentioned in the order is being transferred in public interest. It has also been stated that a perusal of the letter contained in Annexure No. 2 would make it evident that there were complaints against the work and conduct of the petitioner. In the letter written by the Hon'ble Chief Minister dated 26.5.1997 to the Hon'ble Minister, it has been stated that in view of the complaint of Sri Isam Singh, Member Legislative Council, in which he has complained about one Sri Rudra Pratap Singh, Manager, Nanauta Sugar Mills, Sri Nikhil Shukla, Manager, Sarsawan Sugar Mills and Sri Lokesh Kumar, General Manager, Kichha Sugar Company, Udham Singh Nagar, that their work is extremely bad and they have Committed Oppression on the Dalits and they should be immediately transferred from their posts. Thus, the work and conduct of the petitioner was not found satisfactory.
4. It has also been stated by the respondents in the counter-affidavit that the deponent (Shiv Raj, Law Officer, U. P. State Sugar Corporation Ltd., Lucknow) was advised to State that M.L.As. and M.L.Cs. hold public office and complaints of such persons cannot be treated always as borne of political interference. The respondent No. 3 has also stated that time had not arisen and the stay of the petitioner in the Factory of the Corporation was so short that the work of the petitioner could not be eva
