LOK PRAHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition has been filed in public interest by Lok Prahari, which is a society registered under the Societies Registration Act, 1860 in order to complain of frequent, arbitrary and premature transfers of officers belonging to the All India Services, namely, the Indian Administrative Service, Indian Police Service and Indian Forest Service. The petitioner has submitted that these transfers have an adverse effect on the governance of the State. The petition was filed for the enforcement of the provisions of Articles 256 and 257 of the Constitution and for the implementation of the amendment which was carried in the year 2006 in the cadre rules governing the three All India Services, noted above.

(2.) At the outset and before we consider the grievance on merits, it is necessary for the Court to have due regard to the credentials and track record of the petitioner society in view of the provisions, particularly of sub-rule (3A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules, 1952. Sub-rule (3A) was inserted following the judgment of the Supreme Court in State of Uttrakhand Vs. Balwant Singh Chaufal And Ors., 2010 3 SCC 402. The petitioner has disclosed that most of its members are retired senior civil servants having deep interest and concern in public governance. The former Chief Election Commissioner and former Governor of Gujarat Shri R.K. Trivedi is the Chief Patron of the society. The petitioner has also disclosed that several prior petitions have been instituted by the society and have been entertained by the Supreme Court and by this Court on important aspects of public governance. Having regard to these disclosures, we have considered it appropriate to entertain the petition on merits.

(3.) During the pendency of the petition which was filed in 2011, the Supreme Court has dealt with the issue pertaining to (i) the constitution of a Civil Services Board both at the Centre and State level; and (ii) the provision of a fixed tenure for officers in the All India Services.