- (1.) R. A. Sharma, J. By this petition, petitioner has challenged the order of his transfer from Allahabad Development Authority to Bareilly Development Authority. Initially this writ petition was heard by another Division Bench, but on account of non-availability of one of the Hon'ble Judges, who constituted the Bench, this case was released and Hon'ble Senior Judge has nominated our Bench for this case.
(2.) PETITIONER is Chief Accounts Officer of the Allahabad Development Authority (hereinafter referred to as the Authority ). He was transferred vide order dated 18th June, 1994 from Allahabad Authority to Bareilly Develop ment Authority. He made a representation against his transfer. His represen tation was accepted and the Government, vide order dated 22-6-1994, cancelled the aforesaid order of transfer and permitted the petitioner to continue to work as Chief Accounts Officer of the Authority. It appears that some members of the Legislative Assembly belonging to ruling Bahujan Samaj Party made repre sentation to the Chief Minister of the State for transfer of the petitioner. Some representation for transfer of the petitioner from Allahabad, was also made to Km. Mayawati, General Secretary of Bahujan Samaj Party,, who recommended to the Chief Minister for transfer of the petitioner from Allahabad. There after order dated 4-8-1994 was passed transferring the petitioner again from Allahabad Authority to Bareilly Development Authority. In pursuance of the above order of transfer the Vice-Chairman of the Authority directed the Joint Secratary, Sri Radhey Shyam Gupta, to perform the duties of the Chief Accounts Officer. Being aggrieved by the above orders the petitioner has filed this writ petition. The Government of U. P. as well as the Vice-Chairman of the Autho rity, have filed counter-affidavits and the petitioner has filed re-joinder-affidavit in reply thereto. We have heard the learned counsel for parties. The petitioner has challenged the order of his transfer on three grounds, viz,- (i) petitioner holds a non-transferable post and as such he cannot be transferred ; (ii) the impugned order has not been passed due to exigencies of service but on the basis of complaint made by certain members of Legislative Assembly belonging to ruling Bahujan Samaj Party and the recommendation of the General Secretary of the Bahujan Samaj Party, at the instance of the Vice- Chairman of the Autho-tity ; and (iii) the order of transfer has been passed on account of mala fide and extraneous considerations.
(3.) LEARNED counsel for the Vice-Chairman of the authority has, apart from disputing the above contentions, raised two preliminary objections ; viz. ,- (1) the petitioner is guilty of concealment of the facts ; and (2) Sri Dharm Pal, who is working in place of the petitioner has not been impleaded as a party to the writ petition, and as such the writ petition is not maintainable. On merit, the contentions of the learned counsel are three ; viz, firstly, the petitioner holds a civil post under the State and as such he is liable to be transferr ed ; secondly, every employer has inherent right to transfer its employees ; and thirdly, under the conditions of his appointment, as contained in the confirmation letter, the petitioner can be trans ferred from one authority to another. LEARNED Standing counsel has reiterated the stand taken by the Government in its counter-affidavit. State of Uttar Pradesh enacted an Act known as The Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as the Act), for planned development of the towns in this State. Under Section 3 of the Act the State Government is empowered to declare any area which, in its opinion, requires to be developed according to the plan, as development area. Thereafter the Government under Section 4 has to constitute an autho rity to be called the Development Authority for the development area. Sub section (2) of Section 4 makes the Development Authority as body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of the property. The relevant parts of Section 4 are reproduced below: "4. (1) The State Government may, by notification in the Gazette, constitute for the purposes of this Act, authority to be called the Development Authority for any development area. (2) The authority shall be a body corporate, by the name given to it in the said notification, having perpetual succession and a com mon seal with power to acquire, hold and dispose of property, both movable and immoveable and to contract and shall by the said name sue and be sued. " Section 5, which deals with the staff of the authority, is as under : 5. Staff of the authority.- (1) The State Government may appoint two suitable persons respectively as the Secretary and the Chief Accounts Officer of the Authority who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the authority or its Vice- Chairman. (2) Subject to such control and restrictions as may be determined by general or special order of the State Government, may appoint such number of other officers and employees as may be necessary for the efficient performance of its functions and may determine their designations and grades. ";