Case Note & Summary
The case involved an appeal by the State of Uttar Pradesh against a judgment of the Allahabad High Court concerning the transfer of Z.R. Siddiqui, the General Manager of Jal Sansthan, Jhansi. The core issue was whether Siddiqui could be transferred to another Jal Sansthan in a different city within Uttar Pradesh. The Uttar Pradesh Water Supply and Sewerage Act, 1975 had been amended to include Section 27-A, which allowed for the creation of centralized services. Following this amendment, the Uttar Pradesh Palika and Jal Sansthan Waterworks Engineering (Centralised) Service Rules, 1996 were enacted, which specified that a General Manager of Jal Sansthan was part of this centralized service. The court noted that Rule 3 of these Rules confirmed this status and that Rule 27 empowered the State Government to transfer any officer within the centralized service. The Supreme Court found that the transfer of the respondent was valid under these provisions. Consequently, the appeal was allowed, the High Court's judgment was set aside, and the writ petition was dismissed without costs.
Headnote
A) Administrative Law - Transfer of Service - Authority to Transfer - Uttar Pradesh Water Supply and Sewerage Act, 1975, Section 27-A - The court examined the legality of transferring a General Manager of Jal Sansthan under the newly amended Act and Rules. It held that the respondent, being part of the centralized service, could be transferred as per the provisions of the Rules. Held that the transfer was valid under the authority granted to the State Government (Paras 1-2).
Issue of Consideration
Whether the General Manager of Jal Sansthan could be transferred to another Jal Sansthan in Uttar Pradesh.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and dismissed the writ petition.
Law Points
- Transfer of service
- Centralized service rules
- Authority of State Government
