CM Has Better Work Than Managing Transfers: Karnataka High Court

Bengaluru: Expressing its displeasure over the Chief Minister's office interfering in transfer of officials, Karnataka High Court has said that the Chief Minister has better and more important work than interfering with transfers and postings of the government employees.

While disposing of a writ appeal filed by Chethan S, A BESCOM Assistant Engineer, the division bench of the Karnataka High Court comprising Justice D K Singh and Justice T M Nadaf have said that no request for transfer or posting of government officials should be entertained by the Chief Minister's office directly.

Thepetitioner Chethan S, working in the E4 sub-division of Whitefield division had moved the court, questioning the single-judge order, which had dismissed his petition questioning the premature transfer without his consent and also in violation of transfer guidelines.

Directing the government not to displace the petitioner till the next transfer season, the division bench said ``we are of the considered view that the 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 interfere with the transfers and postings of the employees working within the government and the government undertakings.''

``We are therefore of the opinion that no request for transfer and posting should be entertained by the Office of the Chief Minister directly. The matter should end at the level of the department itself. A copy of the order be sent to the Chief Minister for necessary direction to his office,'' the division bench said.

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Earlier, the single judge of the Karnataka High Court had observed that the court had come across several letters/orders/approvals issued by the Chief Minister's Office (CMO), transferring group `B' or `C' employees undoing the orders issued by their superiors. ``Even in the present case, the petitioner has managed to obtain the approval from the CMO, directing the minister in-charge to accept the request of mutual transfer, though the same did not emanate from the office of the respondents. Therefore, this generates a doubt as to whether the CM is aware of the kind of orders/approvals obtained f4rom his office. It also gives rise to suspicion that someone sitting in the CMO is mechanically using such orders/approvals giving rise to heartburn among employees and consequent litigation before the court.