Transfer at MLA’s instance itself would not vitiate the order, Karnataka HC

A division bench said this while dismissing the petition filed by S Venkateshappa, Grade-I Tahsildar at Bangarpet taluk of Kolar district.

Bengaluru: The Karnataka High Court has observed that a transfer at the instance or recommendation of an MLA itself would not vitiate the transfer.

A division bench comprising Justices S G Pandit and K V Aravind said this while dismissing the petition filed by S Venkateshappa, Grade-I Tahsildar at Bangarpet taluk of Kolar district.

On July 31, 2024, Venkateshappa was transferred and posted as Tahasildar, Bangarpet. On December 31, 2024, he was transferred to DC office Kolar with another officer replacing him as Tahasildar, Bangarpet. Venkateshappa moved the high court after his challenge to this transfer was rejected by the Karnataka State Administrative Tribunal, Bengaluru.

Venkateshappa contended that his transfer was premature and contrary to the transfer guidelines, as he had only been posted at Bangarpet since July 31, 2024. It was also argued that as a Group A officer, he was entitled to a minimum tenure of two years in that posting. He further claimed that his transfer was not in the interest of the public, but only at the instance of the local MLA.

On the other hand, the government advocate submitted that the transfer was ordered upon a letter by the MLA, citing Venkateshappa's failure to address public grievances. The transfer was approved by the Chief Minister, who recorded reasons for the premature transfer in accordance with transfer guidelines.

The division bench referred the Mohammed Masood Ahmad vs State of UP case, wherein the Apex Court held that transfer on an MLA's recommendation does not invalidate the transfer. The division bench also noted that although the transfer was premature, the MLA’s letter to the Minister for Revenue sought transfer stating that the petitioner was not regular to his office in time and was not responding to the public grievances.

The bench said the Apex Court had made it clear that when the people express their grievances before their representative, it is the duty of the representative of people to request for transfer of such government servants and the state government is also within its jurisdiction to transfer such government servants. 

“It is also made clear by the Apex Court that transfer on the recommendation of MLA, by itself would not vitiate the transfer. In the above circumstances, we do not find any error or illegality in the order passed by the Tribunal. Moreover, in terms of Clause-5 (3) of Transfer Guidelines dated 25.06.2024, for special or exceptional reasons, transfer with the approval of the Chief Minister is permissible,” the bench said.