Transfer can't be used as way out in plaint against govt officer: HC

The Dharwad bench of the high court has said that transfers cannot be used as a via media or a way out in the event of any serious complaint being received against a particular government officer.

A division bench headed by Justice Suraj Govindaraj observed this while dismissing the petition filed by a doctor with the Health and Family Welfare Department.

The petitioner Patil Shashi claimed that she was posted as District Health and Family Welfare Officer at Dharwad on October 1, 2022, following serious allegations against her predecessor Basanagouda.

The petitioner challenged the November 4, 2022 order passed by the Karnataka State Administrative Tribunal (KSAT), Belagavi, reinstating Basanagouda, and sought to initiate transfer proceedings as per transfer guidelines dated June 7, 2013.

On the other hand, Basanagouda contended that his transfer order was issued at the instance of a political leader and submitted that he had not completed the minimum tenure of two years, as contemplated under transfer guidelines.

The government advocate defended Basanagouda’s transfer, stating that it was to conduct an independent and proper enquiry. It was informed to the court that nearly 100 doctors working in Dharwad district had signed the complaint stating that they were not willing to work with Basanagouda.

The bench noted that if such was the seriousness, it was for the state government to initiate disciplinary proceedings by issuing show cause notice as held by the high court in Dr Sumithra v/s Bangalore University case.

“The government cannot transfer a person on the basis of a complaint received without taking action on the said complaint. Inasmuch as if the complaint is frivolous, the complaint could be rejected and if the complaint is serious, the government will have to initiate necessary enquiry and/or disciplinary proceedings in relation thereto. Transfer cannot be used as a via media or a way out,” the bench said.

The court said that the transfer guidelines of 2013 have to be followed and the minimum period of stay as prescribed therein has to be given effect to.

“If a premature transfer or continuance is required, the same would have to satisfy the requirements of the said guidelines or in the alternative, prior approval of the chief minister has to be obtained, which is required to be accompanied by some basic reasons as to why the transfer is being affected,” the bench said.