Post-poll transfers: SC seeks Maya reply

Describing the transfer of a large number of IAS and IPS officers in Uttar Pradesh after the polls as a serious matter....

Describing the transfer of a large number of IAS and IPS officers in Uttar Pradesh after the polls as a serious matter,the Supreme Court on Monday asked the state Government to respond to the allegation that Chief Minister Mayawati was centralising all the power with regard to transfer of officers of all departments,in blatant disregard of rules.

Acting on a PIL jointly filed by Satya Narain Shukla and Prakash Singh,both retired civil servants,the vacation bench said the issue needed to be examined by the court. We appreciate your efforts. The matter is serious. It needs consideration, said the bench of Justices B Sudershan Reddy and Aftab Alam. The court issued notice to the Principal Secretary,Home Secretary and Chief Secretary of the state Government,asking for their replies in four weeks. The court also sought a reply from the Union government.

Aggrieved by the alleged illegal and arbitrary act of the Chief Minister,carried out immediately after the Lok Sabha poll results were declared,the two civil servants have complained that Mayawati was resorting to arbitrary shift of the officers following her partys poor show in the elections. In their petition,they have alleged that the recent transfers involved a larger issue of political influence on the bureaucracy and its functional independence. After the declaration of results of the Lok Sabha elections,the state Government had resorted to politically motivated transfers of IAS and IPS officers due to dismal show of the ruling party, the petition stated.

Elaborating on the alleged illegal transfers,the PIL stated that while one senior IAS officer Dinesh Singh had been demoted to a secretary-level post from a principal secretary post,an IPS officer Ajay Kumar Misra,SP Mainipuri,had been suspended after he failed to initiate action against former chief minister Mulayam Singh at the behest of the ruling dispensation.

Terming the transfer order of Dinesh Singh as patently in violation of Article 256,257 and 311 of the Constitution,the petitioners have sought a direction to stay the order dated May 25.

The Chief Minister is also reported to have centralised the power of transfer in respect of officers of all departments,which is against the Rule 3 of the Business issued under Article 166 of the Constitution, the petition further alleged,while seeking a direction to the state to ensure no further transfers takes place in violation of Rules framed under All India Services Act.

The petitioners also sought appropriate action against members of the Civil Services Board,which recommended the alleged illegal transfers in violation of the Supreme Court order dated August 29,2008 and November 22,2005.