Court No. - 29 Case :- WRIT - A No. - 43123 of 2010 Petitioner :- Sri. Ashok Kumar Singh Respondent :- U.P. Power Corporation Ltd. And Others Petitioner Counsel :- Ranjit Saxena,Dinesh Kumar Yadav,Saumya Misra Respondent Counsel :- C. S. C.,Sandeep Kumar Srivastava Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
Heard Shri Ashok Khare, Senior Advocate assisted by Shri Ranjit
Saxena for the petitioner. Shri Pankaj Kumar Shukla appears for
the U.P. Power Corporation Ltd.
The petitioner is serving as Executive Engineer, Electricity
Distribution Division-1st, Purvanchal Vidyut Vitran Nigam Ltd.
By the impugned transfer order dated 17.7.2010, he has been
transferred from his posting as Executive Engineer, Electricity
Distribution Division 1st, Ballia to the office of Managing
Director, Mandhyachal Vidyut Vitran Nigam Ltd. Lucknow by
way of allotment.
It is contended that the transfer order has been passed in violation
of the orders of the Supreme Court in Writ Petition No. C-79/1997
Suresh Chand Sharma vs. Chairman, U.P.S.E.B. and others dated
21.3.2007, by which a Two-Member Committee of Secretaries
were directed to be constituted to look after and supervise the
transfer of the officers of the U.P. Power Corporation Ltd. It is
submitted that though it is mentioned in the order, that it has been
passed in accordance with the directions of this Court in Writ
Petition No. 50954 of 2009 dated 15.3.2010, Shri Navneet Sahgal,
Managing Director of the Corporation was also made Secretary
and a member of the Committee. It is further submitted that the
transfer order has been passed in violation of the policy of the
State Government, which has been adopted by the UP Power
Corporation Ltd not to transfer its employees in the year 2010-
2011. Lastly, it is submitted that the order suffers from malafides
as a Member of Legislative Assembly wanted sanction of
electricity connection without any application from the school,
from his ‘Vidhayak Nidhi’ to which the petitioner insisted upon a
proper application from the school.
Shri Pankaj Kumar Shukla appearing for the Corporation submits
that the petitioner is posted at Ballia since 2005. There were many
complaints against him for negligence and remaining absent from
duties. He has produced copies of the original record bearing the
notes that the transfer has been made on account of the negligence
in performances of duties. There is no mention of any letter of the
MLA or any complaint from any person outside department. Shri
Shukla submits that Shri Alok Ranjan, Secretary has been
appointed as a member of the Committee and that Shri Navneet
Sahgal has also disassociated himself from the Committee by
delegating his powers to an Additional Managing Director.
The order passed by this Court in Writ Petition No. 2155 of 2010
with regard to constitution of the Committee has been stayed by
the Supreme Court in Special Leave to Appeal (Civil) No.
10160/2010 with a direction that status quo as that day i.e.
6.4.2010 shall be maintained and the matter was directed to be
listed on 16.4.2010.
The question, whether the composition of the Committee
constituted in terms of the directions of the Supreme Court is valid
or not, is still subject matter of consideration of the Supreme Court
in Special Leave Petition in which status quo orders have been
passed.
There is nothing on record to show that the transfer was made on
political considerations. The petitioner appears to have made the
complaint made by the MLA a bone of contention and the genesis
of the order without taking into account of his own performance,
which was assessed and reviewed by the department before
recommending for his transfer.
The policy of the State Government with regard to transfer for the
year 2010-2011 has been adopted by the UP Power Corporation
Ltd with a modification that in exceptional situation, the transfer
can be made through the Committee constituted under the orders
of the Supreme Court.
The writ petition is dismissed.
Order Date :- 29.7.2010
RKP