# Akhil Bhartiya Manav Kalyan Evam Samajothhan & Anr v. State Of U.P. & Ors

- **Citation:** (2016) 7 ILRA 205
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2016-07-01
- **Bench:** Arun Tandon, Mrs. Sunita Agarwal
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/akhil-bhartiya-manav-kalyan-evam-samajothhan-anr-v-state-of-u-p-ors-44014
- **Pages:** 9

## Text

7 All. Akhil Bhartiya Manav Kalyan Evam Samajothhan & Anr. Vs State Of U.P. & Ors.

205
adjournment application, granting adjournment on 31.8.2015 for completing the cross examination
on next date 19.9.2015, the accused again moved adjournment application on 19.9.2015; that the
prosecution witness has returned several times without further cross examination during the period
of last 2 years and if on any date the P.W.-1 could not appear for further cross examination, the
prosecution cannot be blamed for the slow progress of trial; that the accused himself is obstructing
and delaying the progress of trial in order to make a ground for bail; that the bail application is not
liable to be allowed in view of provisions of Section 37 of NDPS Act; that there is nothing to show
that after release on bail the applicant will not again get involved in similar offences; that if the
applicant is released on bail he will delay and defraud the trial and will abscond to Nepal or to
elsewhere and continue to commit similar offences.

5. Upon hearing the learned counsel for the parties, perusal of record and considering the
complicity of offence, severity of punishment as well as totality of facts and circumstances, without
commenting on the merits of the case, I do not find it a fit case for bail. The bail application of
applicant Neeraj Kumar Katiyar is liable to be rejected.

6. Accordingly, the bail application is rejected.
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ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 01.07.2016

BEFORE

THE HON'BLE ARUN TANDON, J.
THE HON'BLE MRS. SUNITA AGARWAL, J.

Public Interest Litigation (PIL) No.- 29592 Of 2016
&
Writ C No.- 49534 Of 2015

Akhil Bhartiya Manav Kalyan Evam Samajothhan & Anr. ...Petitioners
Versus
State Of U.P. & Ors. ...Respondents

Counsel for Petitioners:
Amar Nath Singh

Counsel for Respondents:
C.S.C., A.N. Singh, A.S.G.I., Amit Misra, Anjali Upadhya, B.B. Jauhari, Shivam Yadav

Present two Public Interest Litigations (PILs) have been filed before this Court raising serious concern in the
matter of appointment and continuance of officers including the highest officer namely Chief Executive Officer
(CEO) in three Industrial Development Authorities created around the National Capital Region (NCR) namely
NOIDA, Greater NOIDA and Yamuna Expressway Industrial Development Authority.
Court took a judicial notice of the fact that during all this period, serious scams in respect of allotment of land
and wrongful utilization of the property put in the hands of above named Development Authorities have come
206 INDIAN LAW REPORTS ALLAHABAD SERIES

in light and employees/officers of these Authorities like Yadav Singh, Ramendra Singh and V.K. Goel are
confined to prison for accumulating wealth/ properties worth hundreds of crores of rupees. Investigation of
the scams is being done by CBI. But the State has continued with the same officers as Chief Executive
Officer/Chairman under whom Yadav Singh etc. were working during the period the scams had taken place.
Court is of the opinion that the State Government even in the matter of posting of its officers must act in a
manner, which may inspire confidence in the public at large and its action must not reflect favoritism in favour
of the selected few. Transparency must be the rule of the day. If the State Government is not able to find
suitable officers to replace the blue eyed officers, it would be a sad day for the administration in the State.
Court is the prima facie opinion that one person cannot work as a whole-time officer for three different
Industrial Development Authorities, as it belies the very concept of the incumbent being whole-time officer
subject to the condition that for some short duration, till regular appointment is made, an officer already
appointed as Chief Executive Officer for one Industrial Development Authority may hold the charge of other
Industrial Development Authority. But the said arrangment has to be for a very limited duration. Giving of
additional charge for years in respect of three Industrial Development Authorities to one person frustrates the
very intent of the word "whole-time officer" as contemplated by Section 4 of the U.P. Act No. 6 of 1976.
Another issue, which was examined in the present Public Interest Litigation is as to whether the appointment
of Mr. Rama Raman is on deputation and if so, then can such deputation continue for unlimited period or it
must also come to an end within the maximum time period fixed for such appointment on deputation under
the Government Orders applicable. Reference may be made to the Office Memorandum dated 19th January,
1988 bearing No. G-1-70/10-88-250/87, which inturn refers to the Uttar Pradesh Sarvajanik Upkramon Mey
Sarkari Sevokon Ka Aamelan Niyamawali, 1984

Court permitted the respondents to file their objections with regard to the credentials of the petitioners so
disclosed. But having regard to the facts as are on record of these petitions, court feel that a case for exercise
of suo motu powers is made out, even if some statement of facts required to be stated by the petitioners, as
are wanting in these two petitions, qua their credentials. Larger public interest must prevail.
Court are, therefore, entertaining the present public interest litigations.

(Delivered by Hon'ble Arun Tandon, J.
&
Hon'ble Mrs. Sunita Agarwal, J.)

1. Heard learned counsel for the petitioners, learned Chief Standing Counsel, Sri M.C.
Chaturvedi, learned Senior Advocate on behalf of the respondent-Noida Development Authority,
Sri Bhanu Bhushan Jauhari, learned Advocate on behalf of respondent-Greater Noida Development
Authority.

2. These two Public Interest Litigations (PILs) have been filed before this Court raising
serious concern in the matter of appointment and continuance of officers including the highest
officer namely Chief Executive Officer (CEO) in three Industrial Development Authorities created
around the National Capital Region (NCR) namely NOIDA, Greater NOIDA and Yamuna
Expressway Industrial Development Authority.

3. According to the petitioners Mr. Rama Raman an IAS officer is the blue eyed boy of the
Government of Uttar Pradesh. The same officer holds charge of Chief Executive Officer (CEO) of
NOIDA, Greater NOIDA and Yamuna Expressway Industrial Development Authority. The extra
7 All. Akhil Bhartiya Manav Kalyan Evam Samajothhan & Anr. Vs State Of U.P. & Ors.

207
ordinary competence of the officer can be seen from the said fact itself and the lack of competent
officers with the State Government for manning three different posts is also apparent from the same
assertion. The State Government for last six years i.e. since 2010 has not been able to find required
number of suitable officers, who can hold the post of Chief Executive Officers for three Industrial
Development Authorities, independently.

4. The High Court, while entertaining the first writ petition in the year 2015 vide order
dated 2.9.2015, had noticed as under:-

"Heard Counsel for the petitioner, Standing counsel and Sri Bhanu Bhusan
Jauhari, learned counsel for respondent no. 8 and Sri Rajesh Kumar Tiwari, learned counsel for
respondent nos. 4 and 10.

If the allegations made in the present writ petition are correct then prima facie it is
established that respondent nos. 11 to 16 are blue eyed boys of the State Government. By way of
example of respondent no. 11, Sri Rama Raman, is presently posted as Chief Executive Officer,
Noida, Greater Noida and Chairman of Yamuna Expressway Authority. He has remained posted in
these authorities for years together.

We fail to understand as to why the State Government could not appoint any other
officer and why Sri. Rama Raman has not been transfered to any other post in any other district,
what is so special about him and why should he remain as head of three authorities at the same
time.

Learned counsel for the Yamuna Express Way Authority submits that Sri Santosh
Yadav, Chief Executive Officer, Yamuna Express Way Authority has joined recently on 10.06.2015.

He may supply the details of other officers appointed in Yamuna Express Way
Authority since the date of initial appointment.

The Court has been informed that the officers who are appointed in Noida
Industrial Development Authority, Greater Noida Development Authority, and in Yamuna Express
Way Authority continue to remain posted therein as they are not holdes of transferable post.

We may record that the posts in all other development authorities in State of Uttar
Pradesh established under the U.P. Urban Planning Development Act are transferable posts. The
Chief Secretary must explain as to why the post in these Industrial development authorities have
not been made transferable.

Sri. Bhanu Bhushan Jauhri appearing for respondent no. 8 has informed the Court
that Sri. Rama Raman has been posted in Noida since 05.07.2010 on deputation. The Chief
Secretary may inform the Court as to whether the posts held by Rama Raman are cadre posts and
whether Cadre Rules admit appointment by deputation or not.
208 INDIAN LAW REPORTS ALLAHABAD SERIES

All other respondents are also granted time to file their reply to the averments
made in the writ petition by the next date. Particulars of their place of posting since they have
entered into Government Service/ Service of Industrial Development Authority must be disclosed in
form of a chart. Personal affidavit must be filed by the Chief Secretary of U.P. by the next date in
response to what is state above."

5. An affidavit has been filed on 30th September, 2015 by the then Chief Secretary of the
Government of U.P., Lucknow and in paragraphs 8, 9 and 11 to 14 of the affidavit, it has been
stated as under:-

"8. That it is clarified that the senior officers in rank of Additional CEO, Deputy
CEO, and at times the Head of the Finance and Planning Department, Chairman are sent on
deputation by the State Government.

9. That the Chief Executive Officer is appointed by the State Government in terms
of Section 4 of the U.P. Industrial Development Act, 1976. The said provisions is extracted herein
below for ready reference of the Hon'ble Court:-

'Section 4 of the U.P. Industrial Development Act, 1976

"(1) The Chief Executive Officer of the Authority shall be appointed by the State
Government and shall be a whole-time officer of the Authority.

(2) The Chief Executive Officer shall be entitled to receive from the funds of the
Authority such salaries and allowances and be governed by such conditions of service as may be
determined by general or special order of the State Government in this behalf.

(3) The Chief Executive Officer shall exercise such power and perform such duties
as may be specified in the regulations or delegated to him by the Authority."

11. That as far as the posting of Shri Rama Raman is concerned, he was
substantively posted as CEO, Greater NOIDA, Gautam Budh Nagar since 4.7.2010 and the same is
the cadre post of IAS. Sri Rama Raman was, at different times, given additional charge of
Chairman & CEO NOIDA, Chairman Greater NOIDA and Chairman & CEO Yamuna Expressway
Industrial Development Authority.

12. That at present Shri Rama Raman is substantively posted on the cadre post of
CEO Greater NOIDA and he is holding additional charge of Chairman NOIDA, Chairman Greater
NOIDA, Chairman Yamuna Expressway Industrial Development Authority and CEO NOIDA.

13. That it is clarified that posts of CEO NOIDA and CEO Greater NOIDA are
cadre posts of Indian Administrative Service.
7 All. Akhil Bhartiya Manav Kalyan Evam Samajothhan & Anr. Vs State Of U.P. & Ors.

209
14. That it is further clarified that posts of Chairman & CEO NOIDA, Greater
NOIDA and Yamuna Expressway Industrial Development Authority are transferable and officers
posted on these posts are transferred time and again."

6. This Court, therefore, enquired from the learned Chief Standing Counsel of the State of
U.P. defending the State Government to explain that when the post of Chief Executive Officer has
been created under the U.P. Industrial Development Act, 1976 and it has been provided under
Section 4 of the Act that the Chief Executive Officer shall be a whole-time officer of the Authority
and that he shall draw salary and allowances from the funds of the Authority and shall be governed
by such conditions, as may be determined by general or special order of the Government, then what
is the intent of the statement made in paragraph '11' of the affidavit of the Chief Secretary that the
post of CEO, NOIDA and CEO, Greater NOIDA are cadre posts of IAS.

7. The Court enquired from the Chief Standing Counsel (a) can a particular post fall within
two cadres, one created under the statutory provisions of Industrial Development Act and the other
under the IAS cadre? (b) can a person be a full time officer for three statutory bodies at the same
time. (c) if the statutory provisions do not permit appointment on a post by deputation can such
mode of appointment be restored to?

8. The learned Chief Standing Counsel made a statement in the open Court that he cannot
answer the query made by the Court without obtaining instructions from the State Government.

9. After the Court dictated the said part of the order, the learned Chief Standing Counsel
stood up to state that the learned Advocate General shall appear in the matter and the Court may
adjourn the matter for today.

10. It is admitted to the respondents that Mr. Rama Raman has been continuing at a
particular place for six years as on date and that he is admittedly an IAS officer holding a
transferable post. As on date he is holding charge of the following statutory posts:- (i) CEO,
Greater NOIDA (ii) Chairman, NOIDA (iii) CEO NOIDA, (iv) Chairman, Yamuna Expressway
Industrial Development Authority.

11. We may take judicial notice of the fact that during all this period, serious scams in
respect of allotment of land and wrongful utilization of the property put in the hands of above
named Development Authorities have come in light and employees/officers of these Authorities
like Yadav Singh, Ramendra Singh and V.K. Goel are confined to prison for accumulating wealth/
properties worth hundreds of crores of rupees. Investigation of the scams is being done by CBI. But
the State has continued with the same officers as Chief Executive Officer/Chairman under whom
Yadav Singh etc. were working during the period the scams had taken place.

12. This Court had indicated to the State in its order dated 2nd September, 2015 in so many
words that it must decide for itself as to how long Mr. Rama Raman could continue at one
particular place and hold charge of so many statutory posts simultaneously for such a long period.
210 INDIAN LAW REPORTS ALLAHABAD SERIES

13. We are of the opinion that the State Government even in the matter of posting of its
officers must act in a manner, which may inspire confidence in the public at large and its action
must not reflect favoritism in favour of the selected few. Transparency must be the rule of the day.
If the State Government is not able to find suitable officers to replace the blue eyed officers, it
would be a sad day for the administration in the State.

14. Section 3 of U.P. Act No. 6 of 1976 provides for the constitution of the Industrial
Development Authority for any industrial area. Sub-section (2) of Section 3 of U.P. Act No. 6 of
1976 declares that the authority shall be a body corporate. The Secretary to the Government, Uttar
Pradesh, Industries Department or his nominee not below the rank of Joint Secretary shall be ex
officio Member-Chairman.

15. So far as the Chief Executive Officer is concerned, as already noticed above, he has to
be appointed by the State Government as a whole-time officer of the Authority with a right to draw
salary and other allowances from the funds of the Authority itself. His conditions of service etc. are
to be determined by general or special orders of the State Government made in this behalf.

16. Prima facie what logically follows is that the post of Chief Executive Officer is a
statutory post created under the provisions of the U.P. Act No. 6 of 1976.

17. Section 4 of the U.P. Act No. 6 of 1976 contemplates that Chief Executive Officer shall
be a whole-time officer of the Authority.

18. From the aforesaid, it can be seen that for each Industrial Development Authority, there
has to be a separate whole-time officer.

19. We are of the prima facie opinion that one person cannot work as a whole-time officer
for three different Industrial Development Authorities, as it belies the very concept of the
incumbent being whole-time officer subject to the condition that for some short duration, till
regular appointment is made, an officer already appointed as Chief Executive Officer for one
Industrial Development Authority may hold the charge of other Industrial Development Authority.
But the said arrangment has to be for a very limited duration. Giving of additional charge for years
in respect of three Industrial Development Authorities to one person frustrates the very intent of the
word "whole-time officer" as contemplated by Section 4 of the U.P. Act No. 6 of 1976.

20. Another query, which has gone unanswered, despite specific order passed by the High
Court as early as on 2nd September, 2015 in Writ-C No. 49534 of 2015 (Jitendra Kumar Goel vs.
State of U.P. & 15 Others), namely, if the statutory provisions do not contemplate appointment by
deputation, how can an IAS officer be appointed on the post of Chief Executive Officer of
Industrial Development Authority, the post whereof has been statutorily created.

21. The Chief Secretary of the State has not responded to the said query in his counter
affidavit nor the learned Chief Standing Counsel is ready to answer the same.
7 All. Akhil Bhartiya Manav Kalyan Evam Samajothhan & Anr. Vs State Of U.P. & Ors.

211
22. Surprisingly, the Chief Secretary in his affidavit has not disclosed as to whether or
not the State Government has determined by general or special orders the conditions of service
for the post of Chief Executive Officer as required under Section 4 (2) of the U.P. Act No. 6 of
1976 even after expiry of 40 years of the enforcement of the said Act.

23. In the perception of a common man, continuance of such person as the top
administrative officer of the Authority can never be in the interest of the Authority. Every day's
continuance of such officer would be detrimental to the interest of the Statutory Authority
itself.

24. In our opinion, in the aforesaid legal and factual background, the continuance of an
I.A.S. officer against the post for such long period and his continuance to hold charge of three
different Industrial Development Authorities at the same time cannot be said to be proper, fair
and just. It adversely reflects upon the administration of the Development Authorities, which
are facing huge scams as already noticed above.

25. Another issue, which needs to be examined in the present Public Interest Litigation
is as to whether the appointment of Mr. Rama Raman is on deputation and if so, then can such
deputation continue for unlimited period or it must also come to an end within the maximum
time period fixed for such appointment on deputation under the Government Orders applicable.
Reference may be made to the Office Memorandum dated 19th January, 1988 bearing No. G-170/10-88-250/87, which inturn refers to the Uttar Pradesh Sarvajanik Upkramon Mey Sarkari
Sevokon Ka Aamelan Niyamawali, 1984 (hereinafter referred to as the "Rules, 1984"). Rule-3
of Rule, 1984 provides that no government servant beyond the age of 50 years could be
appointed on deputation and the maximum period of such deputation would be 5 years, only. In
case it is proposed to extend the period of deputation beyond 5 years, as an exceptional case,
then in that circumstance, the proposal must be submitted three months prior to the expiry of
the maximum period.

26. The learned Chief Standing Counsel had referred to us a letter sent by the Special
Secretary, U.P. Government at Lucknow dated 30th June, 2016, wherein after noticing the
prayer made in the present petition, the learned Chief Standing Counsel has been informed that
the matter pertaining to the transfer of an IAS officer has to be considered by the Civil Service
Board constituted under the Chairmanship of the Chief Secretary of the State vide Office
Memorandum dated 18th February, 2014 and that there is no time limit fixed in the matter of
continuance of an IAS officer on a particular post. The final decision is taken with the
concurrence of the Chief Minister of the State.

27. The learned Chief Standing Counsel suggested that the matter pertaining to the
transfer of Mr. Rama Raman may be directed to be considered by the Civil Service Board
created under the Office Memorandum dated 18th February, 2014.
212 INDIAN LAW REPORTS ALLAHABAD SERIES

28. We may not express any opinion on the aforesaid aspect, inasmuch as it is always
open to the Civil Service Board to make its recommendations in the matter of transfer of an
IAS officer and the same does not require any order from the High Court. We leave it open to
the State Government to place the matter pertaining to transfer of Mr. Rama Raman before the
Civil Service Board, if it so desires. However, we clarify that if any decision is taken by the
Civil Service Board as suggested by the learned Chief Standing Counsel, the same may be
brought to the notice of the Court when the matter is listed next.

29. We must also fairly take note of the two preliminary objections, which have been
raised by the learned Chief Standing Counsel and Sri M.C. Chaturvedi, learned Senior
Advocate on behalf of respondent-State & Noida Development Authority, namely, (a) that the
averments made in the present petitions do not satisfy the required disclosures for maintaining
the Public Interest Litigation on behalf of the petitioner and (b) no application disclosing the
urgency for entertaining the present Public Interest Litigations during summer vacation has
been filed.

30. For explaining the urgency, averments made in paragraph-32 of Public Interest
Litigation No. 29592 of 2016 have been reiterated by the learned counsel for the petitioner.

31. So far as the first objection is concerned, material averments are on record of these
two petitions, namely, paragraph-3 of the Public Interest Litigation No. 29592 of 2016 and
paragraph-4 of Writ C No. 49534 of 2015. The petitioners have disclosed their identity in both
the petitions.

32. We permit the respondents to file their objections with regard to the credentials of
the petitioners so disclosed. But having regard to the facts as are on record of these petitions,
we feel that a case for exercise of suo motu powers is made out, even if some statement of facts
required to be stated by the petitioners, as are wanting in these two petitions, qua their
credentials. Larger public interest must prevail. We are, therefore, entertaining the present
public interest litigations.

33. In the totality of the circumstances on record, we feel compelled to issue following
directions:

(a) Mr. Rama Raman shall not exercise any powers of the Chief Executive
Officer of NOIDA Industrial Development Authority, Greater NOIDA Industrial Development
Authority, Yamuna Expressway Industrial Development Authority hence forth. However, he
shall continue to draw his salary and other allowances as earlier.

(b) Notice be issued to the respondent nos. 10 to 18 by speed post fixing 20th
July, 2016 as the date. Steps be taken within a week. All the respondents may file counter
affidavit by the next date.
7 All. Pooram Singh & Ors. Vs State Of U.P. & Ors.

213
34. List on the date fixed.
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ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 05.07.2016

BEFORE

THE HON'BLE V.K. SHUKLA, A.C.J.
THE HON'BLE MAHESH CHANDRA TRIPATHI, J.

Writ C No.- 29995 Of 2016

Pooram Singh & Ors. ...Petitioners
versus
State Of U.P. & Ors. ...Respondents

Counsel for Petitioners:
Anil Kumar Rai, Durgesh Kumar Singh

Counsel for Respondents:
C.S.C., Pratik J. Nagar

In the present writ the Petitioners are before the Court with request to issue a writ, order or direction in the
nature of mandamus restraining respondents not to interfere in peaceful possession of their land detailed in
the present writ petition by re-aligning the high tension wire alongwith the poles sought to be set up on their
land without giving any notice of personal hearing.

The main contention of learned counsel for the petitioners is that no consent has been taken from the
petitioners for laying down the high tension power line, which was obligatory for the respondents to have
obtained permission from the District Magistrate for the same. In the present matter, since the respondents
are exercising the powers under Sections 10 and 16 of Telegraph Act, the provisions itself oblige the
respondents to obtain the consent of the District Magistrate.

Court had observed the scheme of Electricity Act, 2003, Telegraph Act and Works of Licensees Rules, 2006
which clearly provide for the authority to the Corporation for placing electricity supply line and apparatus for
transmission of power which the telegraph authority possesses under the Telegraph Act. If a person objects
to establishment of poles and drawing electricity lines over his land, the authority has to apply for permission
to the District Magistrate and in such a case the District Magistrate has to work out a fair compensation to be
paid to the persons within reasonable time. In case the person is not satisfied with the quantum of
compensation, which has been offered to him by the District Magistrate, the District Judge in such cases has
been authorised to work out compensation under sub-section (3) of Section 16 of the Telegraph Act. Sub-rule
(4) of Rule 3 of Works of Licensees Rules, 2006 clarifies the situation that nothing contained in Rule shall
effect the powers conferred upon any licensee under Section 164 of the Act. The provisions of Section 164 of
the Act are not at all controlled/governed/subject to the provisions of Works of Licensees Rule, 2006 and
same is an independent exercise of authority.

Court is of the considered opinion that the construction of transmission power service lines cannot be stopped
for want of payment of compensation. However, an appropriate direction can be issued to the competent