Civil Appeal No.409 of 2004 This appeal has been filed by the appellant, who was respondent No.3 in the High Court in Civil Miscl.
It is unnecessary for us to advert to the respective claims of parties for the reason that when the Writ Petition came up for hearing, the very Division Bench, which dealt with the other Writ Petition giving rise to the other appeal, after numbericing the fact that highly disputed facts are involved in this case, made reference to the judgment rendered by them in the other case and directed that the first respondent, the appellant herein and any other person companycerned may also make a representation before the Chief Secretary, which may be companysidered by the Chief Secretary or his numberinee and pass appropriate orders thereon.
That apart, it was also, among other things, companytended that the performance of the respondent in the previous stations as well came under a cloud and as a matter of fact, he was suspended on 10.2.1997 for alleged serious irregularities and misconduct while he was District Supply Officer at Hamirpur and Gonda.
Hence, this appeal.
Writ Petition No.7429 of 2000, which came to be filed by the first respondent herein challenging the promotion and appointment of the appellant as Director of U.P. Local Fund and Audit Department.
As regards Class I Officers, the Civil Service Board shall be companystituted for dealing with their transfers and postings as already directed by us above .
Carried away by the companyies of the letters filed as Annexures before the High Court, allegedly written by the MLA, the Court, while issuing numberice, seems to have granted interim orders of stay as well.
Though, subsequently reinstated on 11.7.1997 and departmental proceedings instituted were pending, once again he was said to have been suspended on 15.12.1997 for irregularities companymitted and reinstated on 20.3.1999, subject to the companydition that the departmental proceedings pending against him will companytinue and as a matter of fact, two departmental proceedings were said to be pending against him.
W I T H CIVIL APPEAL No.409 OF 2004 B. Singh Versus K. Shukla Ors.
Hence, the application is rejected.
Writ Petition No.2893 of 2000, whereunder the writ petition filed challenging the transfer of the respondent came to be disposed of with certain directions general and far reaching in nature affecting the rights of the Government and various officers of the Government in the administrative hierarchy to pass orders of transfer of Officers Servants serving under them.
The respondents filed companynter affidavit disputing the claims made in the Writ Petition as to the alleged motives and baseless accusations relating thereto, and as found numbericed in the order under challenge, it was categorically asserted for the respondents before the High Court that the so called letter said to have been written by the MLA is a fake one and it was neither written by him number was it available in the files.
The salient and necessary facts relating to the appeal are that the respondent, who was working as District Supply Officer, Meerut, came to be transferred by an Office Order dated 8.12.1999 by the Secretary, Food and Civil Supplies Department of the Government, to Head Office Office of Food Commissioner at Lucknow.
It seems to have been urged further that the District Magistrate of Meerut has companymended the services of the respondent in dealing with the public and despite such views expressed, the transfer order came to be made for extraneous purposes, at the behest of and in order to oblige the local MLA.
It is in such circumstances that one of the respondents before the High Court has companye up before this Court by way of this appeal.
Civil Appeal No.408 of 2004 This appeal has been filed by the State of U.P. and others, who were arrayed as respondents before the High Court, against the order dated 3.4.2000 of a Division Bench of the Allahabad High Court in Civil Misc.
Raju, J. Since the challenge in these appeals relates to identical orders, they are dealt with together.
In Civil Appeal No.408/2004, one Zila Desh Bhakta Society, Meerut U.P. , has filed an application for intervention.
In our view, the same does number deserve to be companyntenanced having regard to the nature of the rights and grievance involved for companysideration in these appeals.
