Chief Minister has better, important work than interfering with transfers, postings: Karnataka High Court

The Chief Minister has better and more important work to perform than interfering with the transfers and postings of the government employees, the Karnataka High Court said in a recent judgement.

A division bench comprising Justices DK Singh and TM Nadaf made the remarks while noticing recommendation letters from the Chief Minister’s Office (CMO) in the transfer of a Bescom engineer.

“We are of the considered view that the transfers and postings of the employees should be left to the concerned administrative departments and the highest authority of the state should not devote his time in such matters nor should interfere with the transfers and postings of the employees working within the government and the government undertakings,” the division bench said.

The appeal was filed by the engineer, a disabled person appointed in 2020 as an Assistant Engineer at Whitefield unit of Bescom, challenging the single bench order. 

He had filed petitions between 2022 and 2024 challenging his transfer orders, including a petition requesting a mutual transfer.

While rejecting all his petitions, the single bench had noticed that the court had come across several letters/orders/approvals issued by the CMO, transferring group 'B' or 'C' employees, which reverses the transfer orders issued by the concerned departments.

The single bench had also raised concerns about the possibility of someone in the office of the Chief Minister mechanically issuing such orders/approvals, which results in heart burns amongst employees and consequent litigations before the court.

Chief Secretary’s clarification

Taking note of the concerns raised by the single bench, the division bench directed the Chief Secretary to make clear the stand of the government.

In the affidavit, the Chief Secretary stated that the staff at the CMO has been sensitised regarding the concerns expressed by the single bench. The document further stated that such notes from the CMO are only recommendatory in nature and not transfer orders or approval for transfers.

It is for the concerned department to scrutinize such recommendations based on the respective Cadre and Recruitment Rules and General Transfer Guidelines, the Chief Secretary had stated.

The division bench said that no request for transfer and posting should be entertained by the CMO directly.

“The matter should end at the level of the department itself. The Chief Minister has better and more important work to perform than interfering with the transfers and postings of the employees of the State Government and Government undertakings. A copy of this order is to be placed before the Chief Minister for necessary direction to his office,” the bench said, while directing the authorities to effect transfer and posting of the appellant in the case at hand in accordance with the rules in the next transfer season.