V.K.DIXIT, J. - (1.) HEARD Sri Ranjit Saxena, learned Counsel for the petitioner, Shri J.P. Pandey, learned counsel for the respondent no. 1 to 3 and Standing Counsel for respondent no. 4. We have perused the relevant documents on record.
(2.) BY means of this writ petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for issuance a writ, order or direction in the nature of Certiorari to quash the impugned order of transfer dated 26.12.2009 Annexure18 to the writ petition issued by opposite party no. 1. In brief, it is submitted that the petitioner, Sri Pramod Kumar Sagar was posted as Executive Engineer Revenue, Dakshinanchal Vidyut Vitran Nigam Ltd., Electricity Urban Distribution DivisionIII, Agra and has been transferred to Orai by the impugned transfer order dated 26.12.2009 in the mid session.
(3.) THE main thrust of the learned counsel for the petitioner in this case is on the fact that injustice is caused to the petitioner due to violation of the spirit of the judgement and order of Hon'ble Apex Court dated 21.3.2007 passed in Writ Petition No. C79/1997 Suresh Chand Sharma Vs. Chairman U.P.S.E.B. and others which mandated constitution of an independent committee to approve all proposals for transfer/posting of the officers and staff of the Corporation. Learned counsel for the petitioner informed that the said Independent Committee comprising of Shri Desh Deepak Verma, Principal Secretary, Institutional Finance, Government of U.P. and Shri Navneet Sahgal, Secretary Energy, Government of U.P., Lucknow who is also the ChairmancumManaging Director, U.P. Power Corporation Limited was constituted for monitoring transfers/postings of the officers and staff of the said Corporation. It is further submitted that the object of appointing the aforesaid independent committee has been totally frustrated as Sri Navneet Sahgal, I.A.S., is holding the post of ChairmancumManaging Director, Uttar Pradesh Power Corporation Ltd., the 2 capacity, in which, he is sending proposals for transfer to the independent committee comprising himself in the capacity of Secretary Energy, Government of Uttar Pradesh, Lucknow which is against the principle of natural justice.;