ASHOK KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Mahajan, J. These petition: involve common questions of fact and law therefore, both are being disposed of by; common judgment. This order will dispose of Writ Petition No. 43838 of 199' (challenging impugned order of transfer and Writ Petition No. 6251 of 1998 (chal lenging impugned order of suspension ).

(2.) THIS is interesting case in itself. Petitioner's grievance is that impugned transfer has been made under the in fluence of Energy Minister, Government of U. P. Sri Naresh Agarwal but on pre vious occasions, there are letters on record of Miss. Mayawati and one Rizvi M. L. A. who recommended the case of petitioner for remaining at a particular station, he himself exercised influence of political leaders and thus he is himself exponent of taking shelter of politicians and now he is making grievance of their interference. In democratic system some time necessity may arise but then one should not make the same a basis to challenge the transfer orders.

(3.) IN short the grievance of the petitioner is that he has been punished for having dared to disobey the instructions of Energy Minister in not recalling the revised assessed bill of an INdustry, name ly, M/s. Garima Fellow Alloys, owner of which was relation of Sri Naresh Agarwal, Energy Ministery, Government of U. P. The petitioner has alleged that while posted as Executive Engineer, Electricity Distribution Division, Orai he made thorough enquiry in respect of the losses suffered by the U. P. State Electricity Board on one particular feeder line which provided electricity to Hindustan Lever Ltd. , M/s. Begepro Food and Feeds and M/s. Garima Ferro Alloys and the inves tigation so undertaken by him revealed that M/s. Garima Ferro Alloys was engaged in theft of electricity and the amount of bills paid by the said INdustry was not commensurate with the electricity supplied. It is further alleged that above mentioned three industries were being supplied electricity and the individual re quirement of Hindustan Lever Ltd. was 2400 KVA, M/s. Vegepro Food and Feeds was 1200 KVA and M/s. Garima Ferro Alloys was 6000 KVA but the consump tion which was being shown by the said three industries was between 6 to 7 KWH by Hindustan Lever Ltd. , M/s. Garima Ferro Alloys showed the consumption of 4 to 5 lac units and thus the Hindustan Lever Ltd. which had the power consump tion capacity of 2400 KVA was consuming electricity of 6 to 7 lac per month whereas M/s. Garima Ferro Alloys having capacity of 6000 KVA was showing consumption of 4 to 5 lacs units per month only. It is also alleged that after enquiry petitioner as sessed and raised the bills of M/s. Garima Ferro Alloys to 14, 51, 079 units and the assessed demand was of Rs, 42, 28, 940, 13 (Annexures 4-A, 4-B and 4-C to the first writ petition ).