Vimlesh Kumar Shukla, J. - (1.) BODHISATWA Samaj Seva Sansthan U.P. claiming itself to be registered under Societies Registration Act, 1860 with its registered office at Bhatkal Mod, Block Kopaganj, District Mau through its President Jitendra Kumar Goel has approached this Court complaining therein that large scale scam is there in the department concerned and respondent Nos. 4 and 5 should be transferred for free and fair enquiry regarding the scam in the department concerned.
(2.) ON the presentation of the writ petition on 24.9.2015 following order has been passed; "Notice on behalf of respondent No. 1 has been accepted by the Standing Counsel. Respondent Nos. 2 and 3 are represented by Sri Lal Sahab Yadav, Advocate. Sri V.K. Singh, Advocate has accepted notice on behalf of respondent No. 5. Let personal affidavit be filed by the Chief Secretary for explaining as to how an I.A.S. officer can be permitted to hold office of Secretary, Nagar Vikas even after he has attained the age of superannuation and that too without any extension being granted in his favour by the Central Government, and as to how respondent No. 5 can be permitted to continue to work at the same place for nearly 10 years at a stretch when he is a holder of a transferable post. Respondent No. 5 may also respond to the allegations made against him in the writ petition by the next date. The matter shall come up as unlisted on 05.10.2015. Amendment application filed today is taken on record." Amendment application was also filed wherein following paragraphs were permitted to be added; "19A. That the respondent No. 4 Sri S.P. Singh, who is holding the post of Secretary (IAS Cadre) in Nagar Vikas Department, Lucknow, retired on 28th February, 2013 and without granting any extension by the Central Government, he is enjoying the aforesaid post, which is very serious matter and requires strict and action thereon inasmuch as he is holding the post of IAS cadre without any authority of law, which may not be allowed. It is further submitted that even the State Government has no such power to grant extension to the respondent No. 4 to hold such post. 19B. That not only this, the respondent No. 4 Sri S.P. Singh is also holding the post of OSD and Ex -officio Secretary to the Government of Uttar Pradesh, Urban Development, Urban Employment and Poverty Unmulan Programme Department and Director SUDA and Secretary, Minority Welfare and Muslim Waqf + Ganga in addition to the post of Secretary, Nagar Vikas Department. 19C. That in the State of Uttar Pradesh, a large number of IAS Cadre officers are in waiting without holding any post on one hand, on the other hand retired person like the respondent No. 4 are being given important posts in the State of Uttar Pradesh to fulfill the political motives of ruling party, which may not be allowed as per law. and following prayer was also sought to be added; "VI. Issue writ, order or direction in the nature of mandamus commanding the respondent authorities to restrain the respondent No. 4 from functioning on the IAS Cadre posts held by him."
(3.) PURSUANT to the order passed by this Court affidavit was filed by the Chief Secretary of U.P. and Sri Abdul Samad on behalf of respondent Nos. 2 and 3. Counter affidavit has been filed by Sri A.K. Singh, Executive Engineer, Nagar Nigam, Ghaziabad, refuting allegations made as against him. In the affidavit, so filed by the Chief Secretary, in compliance of order passed by this Court, to the query so raised following statement of fact has been mentioned. Same are as follows; "17. That the respondent No. 4 was due to retire on 31.7.2014 and the Government felt that he had gained a lot of experience with regard to the specialized Field of Urban Development and Urban Employment and Poverty Alleviation Programmee. Respondent No. 4 was also holding the charge of Secretary, Department of Minority Welfare, Muslim Waqf. A proposal was put up by the Administrative Department (Urban Development Department and Minority Welfare and Muslim Waqf Department) for re -appointment of respondent No. 4 on the post of Secretary, Urban Development and Urban Employment and Poverty Alleviation Programmee and Director SUDA and Secretary, Minority Welfare and Muslim Waqf Department. 18. That the proposal was examined at the State Government in the Department of Appointment, Personnel and Finance Department and after getting the approval of competent authority, temporary ex -cadre post of OSD, Ex -officio Secretary and Director was created w.e.f. 1.8.2014 to 28.2.2015 vide order No. U.O. - 175/Do -1 -2014 -4 -1(22) -2014 dated 30.7.2014 issued From the Appointment Department. 19. That the respondent No. 4 was appointed on the said ex -cadre temporary post vide order No. U.O. - 175 (2)/Do -1 -2014 -4 -1(22) -2014 dated 30.7.2014. 20. That the order of creation of temporary post of OSD was due to expire on 28.2.2015 and therefore again the Administrative Department put up a proposal for extension of term of the said ex -cadre temporary post up to 29.2.2016. The proposal was examined at the State Government in the Department of Appointment, Personnel and Finance Department and after getting the approval of competent authority, an order No. U.O. - 11(1)/Do -1 -2015 -4 -1 (22) -2014 dated 27.2.2015 was issued regarding extension of tenure of temporary ex -cadre post of OSD w.e.f. 1.3.2015 to 29.2.2016 and the respondent No. 4 was appointed on the same date i.e. 27.2.2015. 21. That it is Further submitted that the respondent No. 4 is holding the post of OSD and in this capacity he is discharging the duty of Secretary Urban Development, Urban Employment and Poverty Alleviation Programmee, Minority Welfare, Muslim Waqf Department. Hence approval of Central Government was not taken. 22. That the respondent No. 4 was also holding charge as Ex -officio Director, SUDA, but on 1.4.2015 another officer of PCS rank has been appointed as Director, SUDA and the respondent No. 4 has seized to be Ex -officio Director of SUDA, thereafter. 25. That with respect to second query made by the Hon'ble Court in its order dated 24.9.2015. It has been incorrectly alleged by the petitioner that the respondent No. 5 has been posted at Nagar Nigam, Ghaziabad For more than 10 years. In Fact, respondent No. 5 has been transferred by the Government vide order dated 24.2.2009 From Lucknow Nagar Nigam to Ghaziabad Nagar Nigam and in pursuance of the above transfer order the respondent No. 5 has joined on 27.2.2009. The allegation of the political approach are baseless and without any basis, as such, the same is denied.";