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2007 DIGILAW 449 (SC)

Suresh Chandra Sharma v. Chairman, UPSEB

2007-03-21

A.R.LAKSHMANAN, D.K.JAIN, K.G.BALAKRISHNAN

body2007
ORDER : AR. Lakshmanan, J. - This petition filed under Article 32 of the Constitution of India. The petitioner is a consumer of electricity in the State of U.P. The petitioner alleges that there were large scale theft of the articles belonging to the U.P. State Electricity Board. After filing of the writ petition the U.P. Power Corporation Ltd. has been bifurcated into five subsidiary distribution companies, namely, Kanpur Electric Supply Company Ltd., Purvanchal Vidyut Vitaran Nigam Ltd., Varanasi, Madyanchal Vidyut Vitaran Nigam Ltd., Lucknow, Paschimanchal Vidyut Vitaran Nigam Ltd, Meerut and Dakshinanchal Vidyut Vitaran Nigam Ltd,. Agra. The petitioner in Public Interest Litigation has alleged that some acts of misfeasance have been done by the officials of the Corporation and there should be an inquiry by the CBI. From the contents of the writ petition it appears that petitioner only prayed for such enquiry but later the petitioner filed interim application alleging that in the matter of transfer of the officers in the U.P. Power Corporation there is interference by the Ministers and that the guidelines for transfer are not being followed strictly. On 30.1.1998 a high power committee was appointed by this Court to carry out investigation in five areas as indicated in that order. Thereafter on 24.2.2005 the Independent Committee was appointed and it was directed that all postings/transfers of official staff of Corporation shall be monitored by that Committee. It is also directed that all proposals for transfer/posting of officials of the staff of the Corporation should be placed before the Independent Committee before finalisation and the Committee shall examine and approve transfers/ postings on merits and in the light of the guidelines for transfer of policy of officers. 2. The Independent Committee examined the transfer and postings effected in the Corporation and large number of cases were examined and it has been observed by the Committee that only a small number of cases there were violations of guidelines. 2. The Independent Committee examined the transfer and postings effected in the Corporation and large number of cases were examined and it has been observed by the Committee that only a small number of cases there were violations of guidelines. As a measure of improvement the Committee has recommended the following guidelines: "(i) No change in the transfer and posting of officers and staff approved by the IC, shall be made subsequent to the submission of this report to the Hon'ble Supreme Court, unless and until the Hon'ble Court decides and directs otherwise; (ii) If on account of promotions, new recruitment, retirement and wastage, disciplinary action and emerging and genuine medical grounds of staff, transfers/postings become inevitable they should be done in accordance with the TP. Such transfer/postings should be reported ex post facto at intervals of three months to a committee comprising two senior Secretaries to the Government of UP, one of whom shall be the Secretary in charge of Power in the State Government. While so reporting the managements of the Corporations shall give written justification in respect of each posting in the format prescribed by the IC in its deliberations; (iii) If such change is in violation of the TP in force, for any unavoidable reason, it shall be submitted with the reason for such transfer, immediately for approval or rejection of the committee mentioned in the preceding paragraph." 3. The counsel representing all the five companies is agreeable with the suggestions made by the Independent Committee and it is also submitted that pursuant to the direction No.2 they have already formed the Committee. In view of the report of the Committee nothing survives in this writ petition. 4. The Writ petition, all the I. As. and contempt petition are disposed of accordingly.