- (1.) Heard. The petitioner herein is a Constable in the Police Department. He was sent on deputation to the Trade Tax Department for three years. While five months still remained for completion of his tenure on deputation, he was repatriated to his parent Police Department. A request was made on his behalf to the concerned officials for extension of his deputation for further two years whereupon he was allowed to continue in the borrowing department by the grace of the officers concerned. Now, even on said term having come to an end the petitioner has approached this court seeking a writ of mandamus for continuance of his deputation for further five years. Prior to approaching the court a representation was submitted by his wife directly to the Chief Minister who also happens to the Home Minister dealing with the Police Department requesting for the continuance for two years in the teeth of Rule 27 -A of the U.P. Government Servant Conduct Rules, 1956. Sri K.S. Chauhan, Special Secretary in the Home Department is present in pursuance to the earlier orders of this court dated 5.5.2016 and 25.5.2016 which are quoted hereunder: "5.5.2016: Heard learned counsel for the parties. Perused the letter of Shri Bachhoo Lal in the Home Department of the Government of U.P. Dated 25.01.2016. Let the learned Standing Counsel seek instructions in the matter from the Principal Secretary, Home as to the circumstances under which such a letter was sent to the concerned department asking it to send a recommendation for extension of deputation of the petitioner a Head Constable in the Trade Tax Department as ultimately this is the discretion of the latter department based on its own needs. The instructions shall also be sought as to whether any representation at the behest of the petitioner or on his behalf by his relative could be submitted for such extension of deputation before the Head of the State in view of the Rule 27 -A of the U.P. Government Servant Conduct Rules, 1956. List this case on 24.05.2016 as fresh." "25.5.2016: Supplementary affidavit filed in court is taken on record. Inspite of order dated 5.5.2016 no instructions have been provided to the learned Standing Counsel, instead four weeks time has been sought in the matter. This court takes exception to such a request being made. Put up this case day -after -tomorrow i.e. on 27.5.2016, when an officer not below the rank of Joint Secretary in the Home Department shall appear before the court and submit an explanation in terms of order dated 5.5.2016. Let the original records relating to the case be also produced before the court tomorrow. Let a copy of this order be issued to the learned counsel for the parties today itself on payment of usual charges." Sri Chauhan placed before the court an extract of the Manual of Government Orders page no.79 and placed reliance upon paragraphs 315 and 316(1) thereof, which reads as under: ...[VERNACULAR TEXT OMITTED]...
(2.) This was relied to support the action of the Under Secretary in sending the letter dated 25.1.2016 to the Dy. Inspector General of Police (Establishment), Police Head Quarters, Allahabad, on receipt of the representation of the petitioner's wife which was sent directly to the Chief Minister who also happened to the be the Home Minister i.e. the Minister of the Department under which the petitioner is functioning, so as to call for a clear report alongwith recommendation within two days.
(3.) On being confronted with the provision of Rule 27 -A read with explanation to Rule 27 of the U.P. Government Servant Conduct Rules 1956 Sri Chauhan could not put forth any reasonable answer as to why such a representation directly submitted to the Chief Minister/Home Minister by the wife of a government servant was mechanically sent by the State Government to the Deputy Inspector General of Police (Establishment) without scrutinizing as to whether such a representation was entertainable and maintainable in the teeth of Rule 27 -A read with explanation to Rule 27 of the aforesaid Rules of 1956 which have been made under the proviso under Article 309 of the Constitution of India.;