Minor Irrigation Minister Shivaraj Thangadagi, who hounded an IAS officer out, ostensibly for not giving him stationery supplies, got a tongue-lashing from the Central Administrative Tribunal (CAT).
The CAT also quashed the transfer of Paramesh Pandey, saying it was effected “to victimise an officer and to demoralise him publicly.”
Pandey, executive director of the Karnataka Jalasamvardhane Yojana Sangha (KJJS), was reportedly transferred on instructions from Thangadagi. The tribunal, in its order, said, “The transfer of the official is premature and the same is unsustainable in law.”
The officer reportedly earned the wrath of the minister for failing to arrange an Innova car and stationery at his office. The spat was ignited just a few days after the minister assumed charge on May 13, 2013. He had called Pandey on the phone asking him to arrange for an Innova for his official use.
On May 28, Pandey wrote to Thangadagi seeking written instructions. The same day, Thangadagi sent a letter to Pandey through his personal secretary, stating that the officer had flouted government rules and ‘exhibited arrogance’. Thangadagi informed Pandey that in the future, all correspondence to him should be in Kannada. He sent back the letter Pandey had written in English.
A month after the incident, the minister transferred Pandey from the department, saying he had not provided stationery and “essential items” like flasks, staplers, punching machines, photocopying paper, wall clock, gel pens, pencils, trays, dustbins, plastic files, file boards, paper weights, room fresheners, tissues and agarbathis.
Thangadagi submitted before the CAT that he did not have any hand in the transfer and said the government could have shuffled Pandey around with 27 other IAS officers, to ensure better governance.
Thangadagi said it was Pandey’s duty to follow his instructions as he was the ex-officio chairman of the KJJS.
The CAT quorum, comprising judicial member G Shanthappa and administrative member Rudhra Gangadharan, quashed the transfer order and rejected all allegations against Pandey.
According to Supreme Court directions, the state should not transfer any officer before he completes two years in one place or position, they said. The transfer is not in accordance with the law as the state government has not constituted a state committee under Rule 7 of the IAS (Cadre) Rules, 1954, the CAT ruled.
Its order observed, “The state must play the role of a model employer and is required to act fairly giving due regard. An atmosphere of trust has to prevail.”