HC sets aside CAT order junking Rohini’s petition

HC sets aside CAT order junking Rohini’s petition

The High Court of Karnataka on Friday set aside the Central Administrative Tribunal (CAT) order dismissing IAS officer Rohini Sindhuri’s petition challenging her transfer order.

A division bench headed by Justice H G Ramesh passed the interim order while hearing a petition filed by the former Hassan Deputy Commissioner, Rohini, who has moved the high court challenging the CAT order.

The court also asked Rohini to take charge of her current post of Commissioner of Department of Employment and Training, Bengaluru.

The petitioner’s counsel submitted to the court that the Supreme Court has directed the Centre and the states to set up a Civil Services Board (CSB) for the management of transfers, postings, inquiries, process of promotion, punishment of civil servants.

The board will guide and advise the state governments on all service matters, especially on transfers and postings among others.

However, no such board has been set up in Karnataka and the decision of Rohini has been taken by the state government in isolation.

The counsel further submitted that the government has not followed the Indian Administrative (Cadre) Amendment Rules 2014 which are an amendment of the Indian Administrative ( Cadre) Amendment Rules 1954.

Rule 7 of the Amendment rules state that all appointments of cadre officers shall be made in recommendation of the Civil Services Board. Furthermore, Rule 7 (3) of the amendment rules state that a cadre officer appointed to any post shall hold the office for at least two years.

The state government, however, stated that they have ordered the transfer after detailed consultation with the authorities concerned.

The counsel also cited administrative reasons and public interest as reasons for the transfer. The court felt that the matter requires detailed consideration as it has raised a question on the process of transfer of IAS officers in Karnataka.

The court also asked the state government counsel to inform the court about the guidelines followed by the state government with regard to transfer of IAS officers in the state.

The Union government’s counsel submitted to the court that the order of the CAT is contrary to law and liable to be set aside.

The court adjourned the matter for hearing till May 30.

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