STATE OF UTTAR PRADESH Vs. GOBARDHAN LAL

JUDGEMENT

(1.) Since the challenge in these appeals relates to identical orders, they are dealt with together. In Civil Appeal No. 408/2004, one Zila Desh Bhakta Society, Meerut (U.P.), has filed an application for intervention. In our view, the same does not deserve to be countenanced having regard to the nature of the rights and grievance involved for consideration in these appeals. Hence, the application is rejected.

(2.) This appeal has been filed by the State of U.P. and others, who were arrayed as respondents before the High Court, against the order dated 3-4-2000 of a Division Bench of the Allahabad High Court in Civil Misc. Writ Petition No. 2893 of 2000, whereunder the writ petition filed challenging the transfer of the respondent came to be disposed of with certain directions - general and far-reaching in nature - affecting the rights of the Government and various officers of the Government in the administrative hierarchy to pass orders of transfer of Officers/Servants serving under them. The salient and necessary facts relating to the appeal are that the respondent, who was working as District Supply Officer, Meerut, came to be transferred by an Office Order dated 8-12-1999 by the Secretary, Food and Civil Supplies Department of the Government, to Head Office - Office of Food Commissioner at Lucknow. This Office Order involved the posting of not only a substitute to the respondent at Meerut but the transfer of another officer as well. The grievance with which the said transfer order came to be challenged before the High Court was that though by an order dated 10-4-1999 the respondent, who was serving at Unnao, was transferred to Meerut and joined as such, he came to be transferred again by the impugned order due to political pressure and influence, particularly that of the local MLA by name Atul Kumar, to the Head Office at Lucknow in order to help another to be posted in his place. It seems to have been urged further that the District Magistrate of Meerut has commended the services of the respondent in dealing with the public and despite such views expressed, the transfer order came to be made for extraneous purposes, at the behest of and in order to oblige the local MLA. Carried away by the copies of the letters filed as Annexures before the High Court, allegedly written by the MLA, the Court, while issuing notice, seems to have granted interim orders of stay as well. The respondents filed counter-affidavit disputing the claims made in the Writ Petition as to the alleged motives and baseless accusations relating thereto, and as found noticed in the order under challenge, it was categorically asserted for the respondents before the High Court that the so-called letter said to have been written by the MLA is a fake one and it was neither written by him nor was it available in the files. That apart, it was also, among other things, contended that the performance of the respondent in the previous stations as well came under a cloud and as a matter of fact, he was suspended on 10-2-1997 for alleged serious irregularities and misconduct while he was District Supply Officer at Hamirpur and Gonda. Though, subsequently reinstated on 11-7-1997 and departmental proceedings instituted were pending, once again he was said to have been suspended on 15-12-1997 for irregularities committed and reinstated on 20-3-1999, subject to the condition that the departmental proceedings pending against him will continue and as a matter of fact, two departmental proceedings were said to be pending against him. The respondent (Writ Petitioner before the High Court) himself is said to be the real brother of an MLA, by name Shri Ram Pal Verma, and through him and another MLA he was said to be bringing a lot of pressure to bear on the authorities, at every stage to get favourable treatment. In the light of the above and the further claim made that the criminal proceedings have also been sanctioned against him, it was contended that his transfer was purely in public interest and necessitated by the exigencies of service to keep him away from the field work and to take him into the Head Quarters Office on the administrative side.

(3.) The learned Judges of the Division Bench, after adverting to these claims and counter claims made in the pleadings, though observed that in view of the conflicting statements in the affidavits, it was not possible for them to decide the disputed question of facts in writ jurisdiction as to whether the transfer order was passed due to political pressure or not, the Bench, in our view, fell into an error in attempting to lay down general principles relating to transfers and postings of Government servants keeping in view, as found noticed in the order under challenge, some large-scale transfers said to have been taking place due to political interference in the State as disclosed from certain proceedings said to have been brought before the Court as well as some of the newspaper reports. As part of its attempts and endeavours to obviate such happenings, the High Court has not only directed the respondent to approach the Chief Secretary with a representation as to his grievance besides making a consequential direction to Chief Secretary to dispose of the same, but also issued the following directions :-