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TMI Blog1992 (11) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... nt was in public interest. In the absence of a counter-affidavit or even the relevant records, we are left with no option than to conclude that no public interest is involved. It cannot be gainsaid that transfer is a necessary concomitance of every service; but if such a transfer could be effected only on certain conditions, it is necessary to adhere to those conditions. In this case, “the public interest” being absent, the impugned order of transfer cannot be supported. - 1478-79 of 1993 - - - Dated:- 23-11-1992 - A.M. Ahamdi and S. Mohan, JJ. REPRESENTED BY: S/Shri R.K. Jain, Sr. Advocate, and P.P. Gupta, Advocate, for the Appellant. Ms. Kamini Jaiswal and Shri R.B. Misra, Advocates, for the Respondents. [Judgment per: S. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. However, by an order dated 8-7-1992, he was again posted back to the post of Joint Secretary. On 10-7-1992, Shri O.S. Gahalaut was appointed as Additional Transport Commissioner. 5. These two orders were challenged in Civil Misc. Writ Petition Nos. 24720/92 32100/92 respectively. The challenge was on two grounds. One the appellant would not oblige Dr. Om Parkash, the Transport Commissioner who wanted an officer of his own choice as Additional Transport Commissioner. The said Om Parkash ever since the day, he became the Transport Commissioner was trying to oust the Appellant from the post of Additional Transport Commissioner as he did not yield to the pressures exerted by Dr. Om Parkash to do illegal works particularly in relation to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as no demotion. In any event, the Governor had the requisite power under Clause 2(b) of the Uttar Pradesh Fundamental (Second Amendment) Rules, 1981 to transfer a government servant in public interest to a post of another cadre or to an ex-cadre post. Further, according to the Government Order dated 14-9-1988, the pay scale for the post of Joint Secretary is same as is admissible to the post of Additional Transport Commissioner. Besides, there is a special pay of Rs. 250/- for a Joint Secretary. In this view, the writ petition was dismissed. Following this, the other writ petition No. 32100/92 was also dismissed. 9. Before us, Shri R.K. Jain, learned counsel for appellant would urge that the so-called order of transfer is nothing but a de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cadre or to an ex-cadre post in public interest by an order of the Governor. Clause 27 of the Rules with regard to persons appointed to the Uttar Pradesh Transport Service clearly postulates that wherever Rules do not specifically govern a case, the general Rules applicable to a government servant could be made applicable. Hence, no exception could be taken to the order of dismissal of the appellant s writ petition. Consequently, it would follow the other writ petition questioning the posting of respondent No. 4 as Additional Transport Commissioner is also liable to be dismissed. 13. In order to appreciate the above contentions we will first extract in full the impugned orders. The order dated 8-2-1992 read as follows : Nirmal chandra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t involved in the transfer of the appellant as Joint Secretary. We have already extracted the order by which the appellant came to be transferred. Clause 2(b) of the Fundamental Rules as amended by Uttar Pradesh Fundamental (Second Amendment) Rules, 1981 provides that notwithstanding anything to the contrary contained in these Rules, the Governor may in public interest transfer a government servant to a post in another cadre or to an ex-cadre post. The order dated July 8, 1992 does not recite any public interest. We are also not in a position to discover from the other records available before us whether the transfer of the appellant was in public interest. In the absence of a counter-affidavit or even the relevant records, we are left with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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