BEHARI LAL Vs. SUPERINTENDING ENGINEER LIFT IRRIGATION MANDAL

JUDGEMENT

(1.) This writ petition is directed against the order dated 3rd July, 1997, transferring the petitioner from Bhupauli Pump Canal to Son Yantrik Nirman Prakhand, Varanasi.

(2.) The petitioner was appointed as Mistri in Lift Irrigation Department of the State of Uttar Predesh in the year 1966. At present he is working in the Lift Irrigation Department at Bhupauli Pump Canal, Varanasi. The petitioner was transferred to Narayan Pump Canal, Varanasi on 6th July, 1996. This order of transfer was cancelled on 13.6.97 but the said order has been recalled and the impugned order of transfer has been passed on 3rd July, 1997, transferring the petitioner to Son Yantrik Nirman Prakhand, Varanasi by the Superintending Engineer, Lift Irrigation Mandal, Varanasi, Respondent No. 1. The order of transfer indicates that Bhartiya Kisan Union raised agitation against the petitioner before the Chief Engineer, Son. They arranged picketing etc. The petitioner was transferred on 6th July, 1996. The petitioner did not obey the order and various political pressures were put to get the order of transfer cancelled. In pursuance of the political pressure the Chief Engineer, Son Irrigation Department, U.P. directed to cancel the transfer order dated 6th July, 1996. The order of transfer was cancelled on 13th June, 1997. The Chief Engineer, made inspection of Son Bhopauli Pump Canal and the public again made a complaint against the petitioner. The order of transfer indicates that keeping in view the entire circumstances, the complaints made by the public and for smooth running of the Pump Canal on administrative ground the order of transfer has been passed transferring the petitioner from Bhupauli Pump Canal to Son Yantrik Nirman Prakhand, Varanasi. Both the places are in the district of Varanasi.

(3.) Learned Counsel for the petitioner contented that the order of transfer has been passed on the basis of the complaints and any transfer made on such complaints amounts to punishment. He has placed reliance upon the decision of this Court in State of U.P. and Anr. v. Shesh Mani Tripatrhi, (1991) 2 UPLBEC 1303, wherein it was held that if an officer is transferred merely because a complaint is made by a subordinate against whom action had been taken by the officer superior to him, it cannot be called a valid basis for transfer. In this case, the petitioner had taken action against his subordinate by suspending him and such subordinate staff made a complaint against him and merely on such complaint the petitioner was transferred and in that circumstances the Court held that the order of transfer was not justified. This case has no application to the facts of the present case.