New Delhi, Sep 23 (UNI) The Supreme Court has directed that elected representatives of the people like MPs and MLAs are duty bound to help the people in getting rid of a public servant with whose performance they are not satisfied.
A bench comprising Justices C K Thakker and Markandey Katju, while upholding the transfer of the petitioner Mohammad Masood Ahemad from the post of executive officer of Nagar Palika Parishad Muzaffarnagar to Mawana in Merrut district, has held that the court should not interfere with transfer order since it is an exigency of service and an administrative decision.
While rejecting the plea of the petitioner that he was transferred at the instance of an MLA, the apex court said ''in our opinion, even if the allegation of appellant is correct that he was transferred on the recommendation of an MLA, that by itself would not vitiate the transfer order.'' The Supreme Court further said ''after all it is duty of a representative of the people till the legislature interfere to express the grievances of them and if there is any complaint against an officer, the state government is authorised its jurisdiction to transfer such employee. There can be no hard and fast rule that every transfer at the instance of an MP or MLA would be vitiated.
''It all depends on facts and circumstances of an individual case. In the present case we see no infirmity in impugned transfer order. The appeal is dismissed,'' the court added.
The petitioner had come in appeal against Allhabhad High Court order dated July 8, 2005 dismissing his writ petition.