New Delhi, October 6
In a major embarrassment to Uttar Pradesh Chief Minister Mulayam Singh Yadav for appointing “tainted” IAS officer Neera Yadav as Chief Secretary of the state superseding some other officers, the Supreme Court today ordered her removal and transfer to certain other cadre post within seven days.
Allowing a petition seeking to restrain Ms Yadav from functioning as Chief Secretary of Uttar Pradesh, filed by an NGO, Centre for Public Interest Litigation (CPIL), a Bench of Ms Justice Ruma Pal, Mr Justice Arijit Pasayat and Mr Justice C.K. Thakker said “a time has come when the postings of officers holding sensitive posts should be done in transparent manner giving no scope for any grievance”.
Ms Neera Yadav had been chargesheeted by the CBI for her alleged involvement in the multi-crore New Okhla Industrial Development Authority (Noida) land scam when she was its Chairperson between January 1994 and November 1995 and is also facing inquiry by one-man judicial commission, headed by former Supreme Court judge K.T. Thomas.
But Chief Minister had defended her appointment as Chief Secretary, made on April 30 last in his public statements on many occasions. The state government
and Ms Yadav in their replies to the Supreme Court had also stated that until a person was found guilty, he/she should have been presumed innocent.
However, the Centre had refused to defend the action of the UP Government even though Ms Yadav as an IAS officer, was technically under the control of the Department of Personnel and Training of Union Government. Solicitor-General G E Vahanvati had submitted that it was for the court to decide whether her continuance as Chief Secretary was “desirable”.
Since Ms Yadav had challenged here prosecution by the CBI in the Allahabad High Court after the trial court at Ghaziabad had passed an order for the framing of charges against her last year in a corruption case, the apex court said it was not expressing any opinion on the merit of the case against her, more so when the inquiry commission is supposed to submit its report by December next.
While directing the high court to dispose of her revision petition within three months, the apex court said taking into account “peculiar background facts it was really desirable for the state government to steer clear of the controversy and not post her as the Chief Secretary”.
But the government by doing so “has unnecessarily created further complications and invited criticism ” the court said, adding “we make it clear that we have not expressed any opinion on the merits of the allegations as the matter is pending before the high court and Justice Thomas Commission”.
Adds from Lucknow: Later in the day, the Chief Minister shifted Ms Yadav as Chairperson of the Board of Revenue. Principal Secretary Urban Development R. Ramani was given additional charge of Chief Secretary till a suitable candidate was found.
