Pratap Narayan Srivastava vs State of U.P.and others

R. A. Sharma, J.—Petitioner is an Assistant Engineer in Public works Department of this State. He was transferred in July, 1993 to the Temporary Division, Public Works Department, Sitapur. By order dated 771994 pasted by the Chief Engineer (National Highway), U. P. Public Work''; Department, Lucknow he has been transferred from Sitapur to Bhatwari, District Uttarkashi. Being aggrieved by the above order of transfer, he has filed this Writ Petition.

On 2871994 this Court directed the learned Standing Counsel to produce the record and the order of transfer was stayed.

The respondent have filed counter affidavit and the petitioner has filed rejoinder affidavit in reply thereto. We have heard learned counsel for the parties.

In paragraphs 3 to 7 of the writ petition, it has been stated by the petitioner that Sri Prem Narain Gupta is a contractor in Sitapur with whom he has developed strained relation, as he refused to do illegal and irregular work of Sri Gupta. It is further stated that Sri Om Prakash Gupta, who is brother of said Sri Prem Narain Gupta was elected as a member of Legislative Assembly of U. P. as a candidate of ruling SAMAJWADI PARTY It is also stated that after the election of Sri Om Prakash Gupta, pressure was increased on the petitioner for doing illegal works of Sri Prem Narain Gupta. As the petitioner declined to oblige, Sri Om Prakash Gupta made a complaint against the petitioner, a copy of which has been filed as Annexure II to the writ petition, from the perusal of which it is clear that Mr. Gupta has not only made complaint against the petitioner but has also asked the Superintending Engineer for his transfer, That apart, Mr. Gupta has further required the Superintending Engineer to take the charge from the petitioner and hand it over to another officer & to inform him about the compliance of his letter. In default of compliance threet of taking the matter to the Government has also been held out. The Superintending Engineer thereafter submitted a report to the Chief Engineer recommending the transfer of the petitioner in view of the letter of Sri Om Prakash Gupta. Thereafter the impugned order of his transfer has been passed.

The averments made in paragraphs 3 to 7 of the writ petition have been almost admitted by the respondents in their counter affidavit. It is thus clear that order of transfer has been pasted net on account of any public interest or on the administrative ground but solely on the ground of a complaint of Sri Om Prakash Gupta, Member of Legislative Assembly, who is brother of Sri Prera Narain Gupta, a contractor of district Sitapur with whom the petitioner has strained relation. It is open to the Government to transfer a Government servant from one place to another. But such a power cannot be exercised at the instance or on the complaint, of an official or even the representative of the public, who makes complaint in order to oblige others. From the perusal of the pleadings of the parties and the documents annexed thereto, it is apparent that the petitioner has been transferred in a mechanical manner solely on the complaint of a Member of Legislative Assembly, who is related to a contractor, who has a personal interest in getting the petitioner removed from Sitapur. A Division Bench of this Court in Pradeep Kumar v. Director (1994 ACJ 332) has laid down that transfer of a Government servant at the instance of a Member of Parliament is wholly illegal. The order of transfer is obviously on account of extraneous consideration and has to be quashed.

For reasons given above, the writ petition is allowed with costs. The impugned order of transfer dated 771994, so for as it relates to the petitioner, is quashed. The respondents are directed to permit the petitioner to work as Assistant Engineer, Temporary Division, U. P. Public Works Department, Sitapur. The respondents will also pay salary etc. to the petitioner regularly and arrears, if any, shall be paid within a month from the date of presentation of certified copy of this order before them.

(Petition allowed)