BENGALURU: Observing that the act of public servants bringing political influence for transfers and postings, is a matter of deprecation, the Karnataka High Court confirmed the punishment of compulsory retirement given to an employee of the Karnataka Food and Civil Supplies Corporation (KFCSC), who was on an unauthorised absence, after she was transferred despite leave sought on the grounds of allergy was rejected, as the medical certificate did not support her case.
“Nowadays, this court with a lot of penury at heart has been observing that employees invoke political influence in matters of transfer and posting, which essentially belongs to the exclusive domain of the employer/competent authority, who has to take a call after adverting to a host of factors. Political interference in service matters is undesirable to say the least, inasmuch as irrelevant factors would figure and that would affect public administration and the interest of the employer. There may be some exceptional cases where a citizen complains to the elected representatives, seeking minutes for favour, are a case apart,” the court said.
A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar passed the order while allowing the appeal filed by the KFCSC in 2016, against the order passed by a single judge in 2013 quashing the compulsory retirement of Veena M from Dakshina Kannada District as reaffirmed in the departmental appeal and directed to reinstate her in service without back wages and consequential benefits.
The KFCSC’s counsel argued that an employee cannot refuse to work in the place of posting, merely because there was some health issues. The very conduct of the employee in bringing political influence through a particular Member of Parliament itself, disentitled her to the discretionary remedy. Despite direction to report for duty, she remained absent and that amounts to misconduct, and the medical report was not favourable to her claims, he argued.