S.C.VERMA,J. - (1.) THE order of transfer dated 24 -6 -1997, transferring the petitioner from the post of General Manager (Execu ­tive Director), Kichha Sugar Company (A subsidiary of U.P. State Sugar Corporation Ltd.), Udham Singh Nagar to Additional District Magistrate (Project) Kanpur, has been challenged in the present writ petition mainly on the ground of political inter ­ference and absence of any administrative exigency as also on account of mala fide actions of the respondents Nos. 1 to 3.
(2.) THE petitioner is a P.C.S. Officer appointed in the year 1985 and while posted as General Manager, Sugar Mill, Bilaspur, District Rampur, he was transferred on 17 -1 -1997 as Additional District Magistrate, Sambhal, District Moradabad. The petitioner was then transferred as Deputy Director (Administration), Mandi, Moradabad on 5 -2 -1997. The petitioner was again transferred and relieved of the charge on 7 -2 -1997 and was placed in the waiting list to await further posting. The petitioner was transferred on 10 -2 -1997 on the post of Deputy Director, Consolidation, Azamgarh. On the request of the petitioner con ­sidering the frequent transfers he was posted on 6 -3 -1997 to Kichha Sugar Com ­pany, Kichha District Udham.Singh Nagar as General Manager (Executive Director). The petitioner after completing about three months on the said post has again been transferred by the impugned order dated 24 -6 -1997 on the complaint made by one Sri Isam Singh, Member of Legislative Council and on the recommendations made by one Sri Ham Singh, Member of the Legislative Assembly. The petitioner has alleged that on the basis of false, concocted and frivolous complaint made by the said persons to the Hon'ble Chief Minister, Sushri Mayawati, she had directed the appointment secretary to transfer the petitioner to a non -sensitive post. The note dated 22 -6 -1997 issued by the Chief Minister is on the letter dated 8 -6 -1997 of Sri Isam Singh, M.L.C., Saharanpur. A copy of the letter and the endorsement of the Chief Minister are contained in An -nexure No. 2 to the Writ petition. The petitioner has further alleged that the im ­pugned action is neither for any administra ­tive exigency nor in the public interest rather it has been passed on extraneous con ­siderations and for political considerations. The work and conduct of the petitioner is meritorious and there was no complaint or adverse record. In the counter -affidavit filed on be ­half of the respondent No. 3, it has been stated that the order dated 24 -6 -1997 has been passed by the competent authority in public interest. In the order itself it has been recited that the Officer mentioned in the order is being transferred in public interest. It has also been stated that a perusal of the letter contained in Annexure No. 2 would make it evident that there were complaints against the work and conduct of the petitioner. In the letter written by the Hon'ble Chief Minister dated 26 -5 -1997 to the Hon'ble Minister it has been stated that in view of the complaint of Sri Isam Singh, Member Legislative Council, in which he has complained about one Sri Rudra Pratap Singh, Manager, Nanauta Sugar Mills. Sri Nikhil Shukla, Manager Sarsawan Sugar Mills and Sri Lokesh Kumar, General Manager, Kichha Sugar Company, Udham Singh Nagar, that their work is extremely bad and they have committed oppression on the Dalits and they should be immediately transferred from their posts. Thus the work and conduct of the petitioner was not found satisfactory.
(3.) IT has also been stated by the respon ­dents in the counter - affidavit that the deponent (Shiv Raj, Law Officer, U.P. State Sugar Corporation Ltd., Lucknow) was ad ­vised to state that M.L.As. and M.L.Cs. hold public office and complaints of such persons can not be treated always as borne of politi ­cal Interference. The respondent No. 3 has also stated that time had not arisen and the stay of the petitioner in the factory of the Corporation was so short that the work of the petitioner could not be evaluated properly. However, complaints from the public representatives have to be given due importance. The competent authority has transferred the petitioner in public interest.;