(1.) HEARD Sri S. K. Mishra, learned Counsel for the appellant and also perused the judgment of the Hon'ble Single Judge dismissing the appellant's writ petition challenging the order of his transfer.
(2.) LEARNED Counsel for the appellant vehemently contended that the impugned order of transfer having been passed at the behest of the Minister, Animal Husbandry and hence it is malicious in law and cannot be sustained.
(3.) THE position of Minister of Department was further explained in paras 12 and 13 of the judgment as under : " (12) When a Government in office misuses its powers figuratively, we refer to the individual Minister/council of Ministers who are constituents of the Government. THE Government acts through its bureaucrats, who shape its social, economic and administrative policies to further the social stability and progress socially, economically and politically. Actions of the Government, should be accounted for social morality. THErefore, the actions of the individuals would reflect on the actions of the Government. THE actions are intended to further the goals set down in the Constitution, the laws or administrative policy. THE action would, therefore, bear necessary integral connection between the 'purpose' and the end object of public welfare and not personal gain. THE action cannot be divorced from that of the individual actor. THE end is something aimed at and only individuals can have and shape the aims to further the social, economic and political goals. THE ministerial responsibility thereat comes into consideration. THE Minister is responsible not only for his actions but also for the job of the bureaucrats who work or have worked under him. He owes the responsibility to the electors for all his actions taken in the name of the Governor in relation to the Department of which he is the head. If the Minister, in fact, is responsible for all the detailed workings of his department, then clearly ministerial responsibility must cover a wider spectrum than mere moral responsibility; for no Minister can possibly get acquainted with all the detailed decisions involved in the working of his department. THE ministerial responsibility, therefore, would be that the Minister must be prepared to answer questions in the House about the actions of his department and the resultant enforcement of the policies. He owes them moral responsibility. But for actions performed without his concurrence also, he will be required to provide explanations and also bear responsibility for the actions of the bureaucrats who work under him. THErefore, he bears not only moral responsibility but also in relation to all the actions of the bureaucrats who work under him, bearing actual responsibility in the working of the department under his ministerial responsibility. (13) All purposes or actions for which moral responsibility can be attached are actions performed by individual persons composing the department. All Government actions, therefore, means actions performed by individual persons to further the objectives set down in the Constitution, the laws and the administrative policies to develop democratic traditions, social and economic democracy set down in the Preamble, Part III and Part IV of the Constitution. THE intention behind the Government actions and purposes is to further the public welfare and the national interest. Public good is synonymous with protection of the interests of the citizens as a territorial unit or nation as a whole. It also aims to further the public policies. THE limitations of the policies are kept alongwith the public interest to prevent the exploitation or misuse or abuse of the office or the executive actions for personal gain or for illegal gratification. "