Thursday, October 6 2005 18:56 Hrs (IST) - World Time -

New Delhi: In a severe embarrassment to Chief Minister Mulayam Singh Yadav, the Supreme Court today (Oct 6, 2005) directed the Uttar Pradesh Government to shift within a week IAS officer Neera Yadav, facing charges of corruption, from the post of Chief Secretary, saying it could have avoided appointing her to the top post.

Directing transfer of Yadav to some other post in the cadre/grade to which she belonged, a Bench comprising Justice Ruma Pal, Justice Arijit Pasayat and Justice C K Thakker said, "The necessary steps for effectuating our order shall be taken within seven days".

Making it clear that it was not expressing any opinion on the merit of the allegations pending before the Allahabad High Court and an apex court-appointed Committee, the Bench, however, said, "A time has come when the postings of officers holding sensitive posts should be done in a transparent manner giving no scope for any grievance".

The court said in the peculiar background and facts of the case it was desirable for the state government to steer clear of the controversy and should not have posted Yadav as the Chief Secretary.

"By doing it, it has unnecessarily created further complications and invited criticism," the Bench observed.

The Bench asked the High Court, hearing the criminal revision petition of Yadav seeking discharge from the corruption case relating to Noida land scam case registered by CBI, to decide it within three months of receipt of the order.

The NGO, Center for Public Interest Litigation, had filed the Public Interest Litigation (PIL), seeking to restrain Yadav from functioning as Chief Secretary of the State, the post for which she was appointed on April 30 this year, in view of corruption charges against her.

The PIL had alleged that Yadav's appointment to the key post of Chief Secretary was in total violation of the norms fixed by the Center.

The petitioner had contended that a 'tainted' person should not have been appointed as a Chief Secretary, particularly when criminal cases were pending against her and a Commission headed by Justice K T Thomas, a retired judge of the apex court, was appointed to inquire the Noida Land scam and the correctness of the decision to drop disciplinary proceedings against her.

The State Government had opposed the PIL saying that the IAS officer has been in the post since five months and the court should not pass any order till the Commission gave its report.

However, the court rejected the submission saying 'had this consideration weighed with the state government when it made the appointment there may not have been any difficulty."

"It could have, considering the importance of the post, awaited the report of the Commission headed by Justice K T Thomas," the Bench said.

The court said it was not the case with the Uttar Pradesh Government that no other officer was suitable to hold the post or that the services of Yadav were so indispensable that none but she should be appointed as the Chief Secretary.

"This is purely a case of justifying an action," the Bench observed.

The court said since the Commission was examining the questions relating to the legality of the State Government in not proceeding with the departmental inquiries, it was not appropriate for it to say anything in that regard.