BENGALURU: The State Government cannot transfer a public servant upon receiving a complaint without first taking action on the said complaint, the Karnataka High Court has said.
“In case of any serious complaints against a government official, the transfer is not the remedy. The authority concerned should hold an inquiry and if the allegations have any veracity, disciplinary proceedings should be initiated. During the interval, the delinquent officer could be placed under suspension, if there is an apprehension that the officer may interfere with the inquiry,” the court said.
A division bench of Justice Suraj Govindaraj and Justice G Basavaraja passed the order while dismissing the petition filed by Dr Patil Shashi, District Health and Family Welfare Officer, Dharwad. The court said mere transfer on receiving serious complaints will amount to abdication of power on the part of the government. The petitioner questioned the order dated November 4, 2022, passed by the Karnataka State Administrative Tribunal, Belagavi, which quashed the transfer of Dr Basanagouda from the post of DHO, Dharwad, on October 1, 2022.
Dr Sashi was posted in place of Basanagouda, who was transferred to the taluk hospital in Nargund. This was following the approval of the CM in view of the recommendation made by an MP after receiving a serious complaint from more than 100 doctors.
The court said instead of initiating any inquiry on the complaint dated July 13, 2022, the government slept over the matter and only on October 1, 2022, it issued the transfer notification. The fact that the transfer was approved on July 29, 2022, and given effect on October 1, 2022, does not indicate any seriousness or emergency or exigency. The transfer could not be effected without initiating disciplinary proceedings.
“We do not find any infirmity in the order passed by the Tribunal,” the court said.