BENGALURU: The Karnataka government has directed all departments to strictly follow the state’s transfer policy while transferring employees, in line with the High Court of Karnataka’s directives.
A fresh circular issued by the Department of Personnel and Administrative Reforms (Services) (DPAR- Services) states that officials cannot be transferred without being given a new posting.
The circular has been sent to all Additional Chief Secretaries, Principal Secretaries, Secretaries and Heads of Departments for strict compliance.
In certain cases, if an immediate posting is not possible, the waiting period cannot exceed one month. In exceptional cases, the departments must obtain the chief minister’s approval to keep an officer awaiting posting, but such a period cannot exceed three months, the circular read.
This has come in the light of the Karnataka High Court’s judgment in the case of Excise Deputy Commissioner K Arun Kumar, who was transferred without giving posting and in the circular, the government has clarified that keeping an employee under compulsory waiting without assigning a new posting is contrary to the court’s directions.
The judgment has brought about a significant change in the administrative system. Until now, in some cases, officials were transferred without being given an immediate posting and were kept under compulsory waiting. This affected employees’ rights and led to delays in administrative functioning.
Under the new guidelines, as a general rule, no officer or employee shall be transferred without specifying the next posting. However, in cases involving legal issues, suspension, financial irregularities, misuse of authority or even departmental inquiries, where an immediate posting may not be possible, the employee shall not be kept under compulsory waiting for more than one month.
Only in exceptional circumstances, with reasons recorded in writing and after obtaining prior approval from the CM, an employee be kept under compulsory waiting for a maximum period of three months.
The government said the order will help safeguard employees’ rights while bringing greater discipline to the functioning of departments.
