JOIN USHearing a petition by Mallesh seeking to implead Eshwarappa and Hegde in connection with his untimely transfer, CAT Vice-Chairman N D Raghavan allowed the application.
Mallesh, who was posted to Haliyal division in the late 2009 was suddenly transferred out, and was replaced by H C Kantharaju, DCF, Virajpet division in Kodagu on November 15, 2010. The petitioner said he was given no posting after his transfer and that “it was clear that it was done to accomodate respondent 4 (Kantharaju), who despite being transferred to Bangalore had not reported to his post.”
Kantharaju was transferred to Haliyal division following directions of the Chief Minister. The latter had acted at the behest of the letters written by local MLA Sunil Hegde and K S Eshwarappa on September 11, 2009 and September 15, 2010 respectively, violating the procedure of law.
Counsel for Mallesh Gangadhar Sangolli described the 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 location and any premature transfer should be supported by strong and compelling reasons.
Secretary to the Government, DPAR in his letter dated 23 September, 2010 had cautioned the Government about the transfer stating “ both the officers have not completed the stipulated tenure. Many pilot projects are implemented in Sirsi division and it is not advisable to change the officers in this region. Swapping and shifting may not be necessary at this point of time and the same be brought to the notice of the Chief Minister.”
The petitioner had also pointed out that 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 also 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 for conducting a bogus auction at the Government timber depot at Tithimatti.
“It is submitted that even as per KCS rules, if a government servant is under custody for 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,” the petitioner argued.