BENGALURU: The Karnataka High Court has said that no request for transfer or posting of government officials should be entertained by the Chief Minister’s Office directly, observing that the CM has better and more important work to do than interfere with transfers and postings of government employees.
A divisional bench of Justices DK Singh and TM Nadaf made the observations recently, disposing of a writ appeal filed by Chethan S, a Bescom assistant engineer, working in the E4 sub-division of Whitefield division. He had moved the court questioning the single-judge order, which had dismissed his petition questioning the premature transfer without his content and also in violation of transfer guidelines.
The single judge observed that the court has come across several letters/orders/approvals issued by the Chief Minister’s Office (CMO), transferring group ‘B’ or ‘C’ employees undoing the orders issued by their superiors. “Even in the present case, the petitioner has managed to obtain the approval from the CMO directing the minister in-charge to accept the request of mutual transfer, though the same did not emanate from the office of respondent Nos. 1 and 2.
Therefore, this generates a doubt as to whether the CM is aware of the kind of orders/approvals obtained from his office. It also gives rise to a suspicion that someone sitting in the CMO is mechanically issuing such orders/approvals giving rise to heart burn amongst employees and consequent litigation before this Court.”
The single judge had directed the registrar general to place the order before the chief secretary to bring it to the notice of the CM to sensitise concerned persons not to casually issue letters for transfer, posting or retransferring of officials.
The chief secretary filed an affidavit on March 3, stating the notes received from the CMO are only recommendatory and not transfer orders or approval for transfers. She said the observation made in the impugned judgment has been brought to the notice of the CM. Office Staff/Officers CMO associated with the handling of such transfer requests have been specifically sensitised regarding the observations made, she added.
ASHOKA SEEKS DISSOLUTION OF LEGISLATURE
Disposing of the petition, directing the respondents not to disturb the appellant’s present place of posting till the next session of transfer, the division bench said, “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.”
It said, “We are therefore of the opinion that no request for transfer and posting should be entertained by the Office of the Chief Minister directly. The matter should end at the level of the department itself. The CM 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.”
It directed that a copy of the order be sent to the CM for necessary direction to his office.
‘HC slap for Cong govt again’
Taking note of the court observation, Assembly opposition leader R Ashoka slammed the Congress government and demanded that the state legislature be dissolved.
He charged that the CM has turned transfers into a business and taking note of this, the court lashed out at the CM. He urged the government to seek apology from citizens and dissolve the legislature if the government has any dignity left.