ILYAS AHMED Vs. STATION DIRECTOR COM AIR HYD

JUDGEMENT

(1.) The petitioner, an Announcer in the Commercial Broadcasting Service, All India Radio, Hyderabad, seeks to invoke the extra-ordinary jurisdiction of this Court under Article 226 of the. Constitution to interdict his transfer in the same capacity to the All India Radio, Vijayawada, by the order of the Station Director (Commercial), All India Radio, Hyderabad dated 24-3-1979.

(2.) The facts leading to the filing of this writ petition briefly stated are these. The petitioner was first appointed as an Announcer, All India Radio, Vijayawada, on 27-5-1972 under an agreement entered into by him with the Government of India. He was later on transferred to the Commercial Broadcasting Service, All India Radio, Hyderabad, on 13-9-1972. Aziz Quresbi, the second respondent herein, was posted as Station Director, Hyderabad, and he assumed charge on 30 9-1976. It is alleged by the petitioner that the treatment of the subordinate staff and artists by the second respondent was very unfair and humiliating and therefore all the members of the staff sent a memorandum in January, 1977 to the Director General, All India Radio, New Delhi, requesting him to enquire into the serious and grave irregularities pointed out by him in the petition. One woman Artist by name Mrs. Jyostna also sent up a separate petition to the Director General alleging that the second respondent was harassing and trying to misbehave with her making use of his official position. She further alleged in her petition that the second resdondent was in the habit of passing vulgar comments about her appearance and dress despite of serious protests from her. It appears, he also desired her to see him all alone in his office room under the pretext of discussing programmes or to enquire as to why she wanted to avail festival leave. It is the case of the petitioner that he went to the rescue of Mrs. Jyotsna on a number of occasions and saved her from the embarassing situations she was forced to face with the second respondent. On receipt of the aforesaid two complaints, the Director General deputed one M S. Gopal, Deputy Director General. Bombay, on 25-1-1979 to enquire into the allegations against the second respondent. The Deputy Director General conducted an enquiry and submitted his report. During the course of enquiry, and the petitioner alleges that the second respondent made some false and frivoluous complaints against the petitioner and the woman artist Mrs. Jyotsna. The petitioner case is that the second respondent with a view to wreak vengence against him for interrupting his amorous affairs and with the mala fide intention of getting rid of him from Hyderabad transferred him by the order dated 24-3-1979 to the All India Radio. Vijayawada. Tt is this order of transfer that the petitioner seeks to quash in this writ petition.

(3.) In the counter-affidavit filed by the second respondent he stated that the petitioner was working at Commercial Broadcasting Service, All India Radio, Hyderabad, till 24-3-1979 and that on 24-3-1979 he was relieved from Commercial Broadcasting Service, All India Radio, Hyderabad, consequent on his transfer to the All India Radio, Vijayawada. by the Director General, All India Radio, N*.w Delhi. It is asserted that under paragraphs 2 and 8 of the agreement signed by the petitioner he 's liable for transfer to any place in the country, that the order has been p'assed by the Director General and that he only implemented the same by issuing the* impugned order. The allegation that the issued the transfer order to send him away from Hyderabad is denied. As regards the averments in the writ petition that all the Artists sent up a memorandum in January, 1977 complaining against the second respondent's treatment and behaviour towards the sub- rodinate staff, the second respondent has admitted that a memorandum dated 15 1-79 signed by 11 members of the staff was sent to the Director General. His case is that Mrs, Jyotsna, an Announcer, and the petitioner were not behaving properly and so he pulled them ap for their questionable conduct. According to him, to cover up their mis-behaviour the petitioner instigated Mrs. Jyotsna to give a petition with false allegations against him. The Director General acted immediately on the comolaints received from Mrs. Jyotsna and the other Artists and deputed on 25-1-1979 Mr. M.S. Gopal. Deputy Director General at Bombay; to look into the affairs. The second respondent denied that any connected documents were banded over to the Enquiry Officer M.S. Gopal bv him.. The second respondent swears that the transfer order was only issued by the Director General. New Delhi and that he merely relieved the petitioner based on the orders of the Director General on 24-3-1979. It appears that Mrs. Jyotsna has also been transferred from Commercial Broadcasting Service.