STATE OF BIHAR Vs. JITENDRA GUPTA

JUDGEMENT

(1.) The present writ petition has been filed by the State of Bihar, assailing the order passed by Central Administrative Tribunal, Principal Bench, New Delhi, dated 22.3.2018, by which the learned Tribunal has allowed the O.A. of respondent no. 1 herein and has directed respondent no. 2 herein/Union of India to consider the case of the applicant/respondent no. 1 for inter-state deputation to the State of Haryana under Rule 5(2) of IAS Cadre, Rules 1954, or for Central Government deputation under Rule 6 of the said Rules. Vide the same order, respondent no. 2-who is the petitioner herein, has been directed not to withhold its consent for the deputation, and to communicate its consent to the Union of India, whereafter Union of India has to issue appropriate orders for inter-state deputation to Haryana or Central deputation, as deemed fit, after obtaining approval of the ACC.

(2.) The applicant in the O.A. (who is respondent no. 1 herein) is a 2013 Batch IAS Officer of Bihar Cadre. In December, 2015 he was posted as Sub-Divisional Officer/Sub-Divisional Magistrate in Mohania Sub-Division of Kainoor District of Bihar.

(3.) The case of Respondent No. 1 as pleaded in the O.A. was that the State of Bihar was afflicted with the menace of overloading of heavy vehicles. The transporters in connivance with some State Officials were permitting overloaded vehicles to ply on roads and this was causing fatal accidents leading to loss of human life, besides pollution, as well as damage to roads, highways, bridges and other properties. Vide letter dated 23.10.2013, the Transport Department authorized the SDOs of the State to take measures to curb the menace. Unfortunately, another illegal practice rampant in the State was that the police officials were stopping the trucks and heavy vehicles on NH-2 and unnecessarily challaning them. This unauthorised seizure and parking of the trucks and other vehicles was hindering the ongoing work of widening of NH-2, besides causing fatal accidents on daily basis. In fact, NHAI had through several letters, brought this to the notice of the concerned SPs and DSP, but police authorities chose not to take any action.