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2009 DIGILAW 2317 (ALL)

BHAGWAN DEO SINGH v. STATE OF U. P.

2009-05-26

RAKESH TIWARI

body2009
JUDGMENT Hon’ble Rakesh Tiwari, J.—Heard counsel for the parties. 2. The petitioners, who are working as Supply clerks ( Aapurti Lipik) in the office of Food and Supply Department, Ballia Sadar and in another Tehsils of Ballia, have challenged the order of transfer dated 28.2.09 passed by Up Aayukt (Food/Khadya), Azamgarh Region, Azamgarh appended as Annexure 4 to the writ petition, by which they have been transferred from district Ballia to district Azamgarh, on the ground that a Food Scam has taken place in which investigation by Central Bureau of Investigation is being conducted. 3. It is submitted that services of the petitioners are governed by U.P. Food and Civil Supplies (Supply Branch) Ministerial Service Rules, 1979 (hereinafter referred to as the Rules of 1979). 4. Sampurn Gramin Rojgar Yojna sponsored by the Central Government, was enforced in district Ballia by the State Government with intention to uplift the living standard of poor persons. A food scam in the aforesaid Yojna came into light in district Ballia. 5. Contention of the counsel for petitioner is that “District Magistrate” being their appointing authority, the petitioners are employees of district cadre under Rules of 1979 and therefore their services cannot be transferred out of district as they are not State cadre employees. 6. The impugned order of transfer is also assailed on the ground that petitioners have no concern with the food scam as essential commodities are supplied by the State and received by Supply Officers and that impugned order has been passed at the behest of higher officers to save their skin. In this regard, counsel for the petitioner has referred to letter dated 27.2.09 appended as Annexure 5 to the writ petition and submits that it is a general letter for sending list of those employees who were involved in the scam but the petitioners by the impugned order dated 28.2.09 have been transferred from Ballia to Azamgarh on its basis. 7. Reliance has also been placed by the counsel for petitioner upon clause 8 of the Govt. transfer policy dated 15.5.08 which provides that class III employees can be transferred after three years by change of their desk (Patal). 8. A fine distinction has been drawn by Standing Counsel Sri Ravi Ranjan appearing for respondents in this regard. 7. Reliance has also been placed by the counsel for petitioner upon clause 8 of the Govt. transfer policy dated 15.5.08 which provides that class III employees can be transferred after three years by change of their desk (Patal). 8. A fine distinction has been drawn by Standing Counsel Sri Ravi Ranjan appearing for respondents in this regard. He submits that the aforesaid letter dated 27.2.09 refers to those employees who were working/posted in Ballia at the time of food scam should be transferred but no distinction has been made with regard to those employees who were involved or not involved in the matter. 9. After hearing counsel for the parties at length, I am of the opinion that Government transfer policy dated 15.5.2008 which provides that class III employees can be transferred after three years by change of their desk (Patal), does not help the petitioners. They are mere guidelines having no statutory force and the State Govt. may take recourse to it for maintaining uniformity in transfers in normal circumstances but when a scam has come to light and investigation in the scam is being conducted by the CBI, it cannot be said that things are normal. Any person who may or may not have any direct nexus with the supply of foodgrains, may also be involved. The petitioners maintain registers regarding stock of foodgrains, therefore, it cannot be said that they cannot be involved in the scam. This fact is not disputed by the counsel for petitioners that they were posted at Ballia during period of scam. 10. From the impugned order, it appears that authorities apprehend that records may be manipulated or tampered with, hence orders for transfers of the employees who may have even least association with the food scam, have been passed. 11. It is settled that who is to be posted where is for the appropriate authority to decide and Court has nothing to do with it. 12. In the facts and circumstances stated above, this Court is not inclined to interfere in this matter in exercise of extra ordinary powers under Art. 226 of the Constitution as it would amount to interference with the investigation being conducted by CBI. Investigation if any has to be transparent and above board. 13. The writ petition is accordingly dismissed. No order as to costs. ————