CAT stays transfer of DCF

The government has suffered a major embarrassment with with Central Administrative Tribunal (CAT) staying the transfer of B B Mallesh, Deputy Conservator of Forests, Haliyal Division, effected on the orders of B S Yeddyurappa at the instance of State BJP president K S Eshwarappa.

Hearing an application by Mallesh, CAT Vice-Chairman N D Raghavan on Wednesday stayed the transfer order dated November 15, 2010 and has ordered notice to Chief Seceratary, Principal Secretary, the Department of Forests, Environment and Ecology, Principal Chief Conservator of Forests and H C Kantharaju (R4).

The applicant, who was posted to Haliyal division in the late 2009 was suddenly transferred from the place and was replaced by H C Kantharaju, DCF, Virajpet division Kodagu on November 15, 2010.

According to him, no posting was given to the applicant after he was transferred and it was clear that it was done to accomodate R4, who despite being transferred to Bangalore had not reported to his post.

Kantharaju was transferred to Haliyal division following directions of Chief Minister. The latter had acted at the behest of the letters written by local MLA Sunil Hegde and K S Eshwarappa, State BJP President dated September 11, 2009 and September 15, 2010 voilating the procedure of law.

Counsel for the applicant, Gangadhar Sangolli described this transfer as “political fraud” and “illegally motivated”. As a group ‘A’ servant, Mallesh should be allowed to serve for at least three years in a place and any premature transfer should be supported by strong and compelling reason.

Going through the records that he had summoned for, Vice Chairman N D Raghavan asked: “Who is this Eshwarappa?”

The petitioner pointed out that the R4 (Kantharaju) was transferred to Bangalore on June 11, 2009, but stayed back using his influence and managed to get transferred to Virajpet division in Kodagu.

He stated that Kantharaju was arrested by the Lokayukta on October 8, 2009 and was released on bail on October 12, 2009. He was arrested under Section 13 (1) (c), 13 (1) (d) of Prevention of Corruption Act and cheating for conducting bogus auction of sale of Government timber depot at Titimati.

“It is submitted that even as per KCS rules, if a government servant is under custody of more than 48 hours, he is deemed to have been suspended and there should be an order of revocation, which has not been done so far in his case.”