Case Note & Summary
The dispute involved an intra-court appeal filed by an Assistant Engineer employed with Bangalore Electricity Supply Corporation Limited (BESCOM) challenging the judgment and order dated 09.09.2024 passed by a Single Judge in Writ Petition No.21759/2024. The appellant had been contesting his transfer through multiple writ petitions since 2022, allegedly relying on approvals from the Chief Minister's office for mutual transfer requests. The Single Judge had made critical observations about the Chief Minister's office issuing transfer approvals that undermined departmental authority and directed the Registrar General to bring these concerns to the Chief Secretary's attention. In the appeal, the Division Bench first addressed interim relief, noting that the transfer season would end in March and a new one begin in April. The Court directed that the appellant's current posting not be disturbed until the next transfer session when fresh orders could be issued. The Court clarified that respondents remained free to transfer the appellant according to established Transfer Rules and Policy. The second issue concerned the Single Judge's observations about the Chief Minister's office interfering in employee transfers. The Division Bench had directed the Chief Secretary to clarify the government's position, and in response, an affidavit was filed stating that notes from the Chief Minister's office were merely recommendatory, not binding transfer orders, and that departments must scrutinize such recommendations based on Cadre and Recruitment Rules and DPAR guidelines. The affidavit also confirmed that the Chief Minister had been informed of the observations and staff had been sensitized. The Court analyzed this response and held that employee transfers should be handled exclusively by administrative departments without interference from the highest state authority. The Court emphasized that the Chief Minister should not devote time to such matters and that transfer requests should not be entertained directly by the Chief Minister's office, ending at the departmental level. The Court disposed of the appeal with these observations and directions, ordering that a copy be placed before the Chief Minister for necessary action.
Headnote
A) Administrative Law - Employee Transfers - Interim Relief - Karnataka High Court Act, 1961, Section 4 - Appellant challenged Single Judge's order dismissing writ petition against transfer - Court granted status quo on appellant's posting until next transfer session - Held that respondents should not disturb appellant's present posting until fresh transfer orders issued in next session (Paras 2-3). B) Administrative Law - Separation of Powers - Role of Chief Minister's Office - Not mentioned - Court examined observations by Single Judge about Chief Minister's office issuing transfer approvals - After affidavit from Chief Secretary clarifying recommendations are only recommendatory, Court held transfers should be left to administrative departments - Held that Chief Minister's office should not entertain direct transfer requests and matter should end at department level (Paras 4-10).
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Issue of Consideration: Whether the observations made by the Single Judge regarding the Chief Minister's office interfering in employee transfers were justified and what interim relief should be granted regarding the appellant's transfer
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Final Decision
Writ appeal disposed of with directions: (1) Respondents not to disturb appellant's present posting until next transfer session/fresh transfer order issued; (2) Observations made that transfers should be left to administrative departments and Chief Minister's office should not entertain direct transfer requests; (3) Copy of order to be placed before Hon'ble Chief Minister for necessary directions
