The Hindu : National : “Motivated,” post-poll U.P. transfers challenged

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Tuesday, Jun 09, 2009
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“Motivated,” post-poll U.P. transfers challenged

J. Venkatesan

New Delhi: The Supreme Court on Monday issued notice to the Mayawati government on a writ petition alleging that the Chief Minister resorted to large-scale transfers of IAS and IPS officers blaming them for her Bahujan Samaj Party’s poor results in the Lok Sabha elections in Uttar Pradesh.

Serious matter

A vacation Bench consisting of Justices B. Sudershan Reddy and Aftab Alam also issued notice to the Union of India on the petition by Satya Narain Shukla, IAS (retired), and Prakash Singh, former Director-General of Police, after hearing them in person. Justice Reddy observed, “It is a serious matter which requires examination. We appreciate your efforts.”

The petitioners said the transfers from May 23 involved a larger issue of political influence on the bureaucracy and its functional independence. “After the declaration of results of the Lok Sabha elections, the government resorted to politically motivated transfers of IAS and IPS officers due to the dismal show of the ruling party.” While senior IAS officer Dinesh Singh was demoted from Principal Secretary to a Secretary-level post, IPS officer Ajay Kumar Misra, Superintendent of Police, Mainpuri, was suspended after he failed to initiate action against the former Chief Minister, Mulayam Singh, “at the behest of the ruling dispensation”

‘Sword of Damocles’

The transfers, the petition alleged, deeply eroded the morale of the “officers who are constantly under the sword of Damocles and the action of the State government was violative of Articles 256, 257 and 311 of the Constitution.”

The petitioners said transfer powers could not be wielded arbitrarily or be an exercise against efficient and independent officers, or used at the instance of politicians whose work was not done by the officer concerned. For better administration, the officers concerned must have freedom from fear of harassment by way of transfers. The petitioners sought quashing of all powers purportedly assumed by Ms. Mayawati to transfer civil servants at her whims and fancies.

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