‘CM has better work to do’: Karnataka High Court bars Siddaramaiah’s from interfering in govt employees’ transfer

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The Karnataka High Court issued the direction while hearing an appeal filed by a physically challenged person working with BESCOM.The Karnataka High Court has said that Chief Minister Siddaramaiah should not be interfering with transfers and postings of employees of the State Government and government undertakings, as he has better and more important works to perform.A Division Bench of Justice D K Singh and Justice T M Nadaf, in its order dated March 9, has made it clear that “No request for transfer and posting should be entertained by the Office of the Hon’ble Chief Minister directly. The matter should end at the level of the department itself.”The order added, “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 he interfere with the transfers and postings of the employees working within the government and the government undertakings.”The bench issued the direction while hearing an appeal filed by Chethan S, a physically challenged person working with the Bangalore Electricity Supply Company Limited (BESCOM), who had challenged a single judge order dismissing his petition filed questioning the premature transfer order from one division to another, without taking his consent, and alleged to violate transfer guidelines.The single judge in its order dated September 9, 2024, observed that the court has come across several letters/orders/approvals issued by the office of the Hon’ble Chief Minister, either transferring group ‘B’ or ‘C’ employees, thereby undoing the orders of transfers issued by the official superiors of such employees.During the hearing, the Chief Secretary filed an affidavit stating that notes received from the Office of the Chief Minister are only recommendatory in nature and do not transfer orders or approval for transfers. Further, the department concerned has to scrutinize such recommendations based on the respective Cadre and Recruitment Rules and General Transfer Guidelines issued by the Department of Personnel and Administrative Reform, the chief secretary submitted.Further, it was stated in the affidavit that the observation made by the Single judge in its order has been brought to the notice of the chief minister, the staff/officers in the Chief Minister’s office associated with handling of such transfer requests.Story continues below this adThe bench in its order said, “We are, therefore, of the opinion that no request for transfer and posting should be entertained by the Office of the Hon’ble Chief Minister directly. The matter should end at the level of the department itself. The Hon’ble Chief Minister has better and more important work to perform than interfering with the transfers and postings.”As regards the appeal filed by Chethan, the bench in the order said, “We direct the respondents not to disturb the present place of posting of the appellant till the next session of transfer/fresh order of transfer is issued in the next session.” © IE Online Media Services Pvt Ltd