Point of law : Transfer of officers is required to be effected on the basis of set norms or guidelines. The power of transferring an officer cannot be wielded arbitrarily, mala fide or an exercise against efficient and independent officer or at the instance of politicians whose work is not done by the officer concerned. For better administration the officers concerned must have freedom from fear of being harassed by repeated transfers or transfers ordered at the instance of someone who has nothing to do with the business of administration

ORDER :

The petitioner, who is common in both these writ petitions, calls in question certain orders of transfer dated 10.03.2021, 12.03.2021 and 05.04.2021, on the ground that the said orders are contrary to law. In furtherance of this contention, he seeks the following prayers.

2. In writ petition No.5399/2021, the following prayer is sought:

“a. Call for records/file pertaining to the transfer orders dt:10.03.2021 and dt:12.03.2021 from the respondents:2 to 5 produced as Annexures -P & R.

b. Set aside the communication / order bearing No. KPTCL / B59 /11755/Part-1/2020-21 dt 10.03.2021 (Annexure – P) of the 3rd respondent and communication/order bearing No. BESCOM / BC31 / 114 / 2020 – 21 / 867 dated 12.3.2021 (Annexure-R) issued by 5th respondent as illegal, arbitrary and violative of Article 14 of the Constitution.

c. Declare the action of the 3rd and 4th respondent in following the practice of issuance of relieving and reposting orders, pro-forma of the same are produced at Annexure-S bearing No: BESCOM / BC31 / 114 / 2020-21/584 dt:11.12.2020, Annexure-S1 bearing No.: BESCOM / BC31 / 114 / 2020-21 / 594 dt:15.12.2020, Annexure-S2 bearing No.: BESCOM / BC31 / 114 / 2020-21 / 639 dt:24.12.2020, and Annexure-S3 bearing No.: BESCOM / BC31 / 114/ 2020 -21 683 dt:11.01.2021, as illegal and void;”

During the pendency of the said writ petition, the petitioner files another writ petition -the companion, in writ petition No.8952/2021 seeking the following prayer:

“a) ISSUE A WRIT in the nature of Certiorari to quash Annexure-J the order of retention of the 8th respondent dated 12.3.2021 issued by the 4th Respondent and also the Annexure-K transfer of the petitioner vide transfer orders dated 5.4.2021 issued by the 2nd respondent.

b) ISSUE A writ of mandamus to the official respondents to give effect to the transfer order dated 6.3.2021 vide Annexure-G passed by the 4th respondent;

c) PASS such other orders as may be deemed fit and proper by this Hon’ble Court considering the facts and circumstances of the case to meet the ends of justice.”

3. Sans details, the skeletal material facts germane are as follows:

The petitioner was appointed as a Junior Engineer in the year 2006 and was later promoted as Assistant Engineer with effect from 13.01.2017 and is presently working in the cadre of Assistant Engineer (Electrical). The petitioner on 13-01-2017, was transferred to the Office of the Assistant Engineer (Electrical), Kadugodi (O & M), BESCOM E-4 Sub-Division, Whitefield and continued to discharge his duties at Kadugodi (O & M).

4. Things standing thus, on 02-12-2020, the KPTCL prepared a list of Officers who are to be transferred after seeking prior approval of the Hon’ble Chief Minister. In terms of the said list, the Karnataka Power Transmission Corporation Limited (hereinafter referred to as 'the KPTCL' for short) issued an order of transfer on 09.12.2020, transferring the petitioner to the place of the eighth respondent, Varthur (O & M), BESCOM, E-4 Sub-Division. The order of transfer moves the petitioner, who was working at Kadugodi (O & M), to Varthur (O & M), BESCOM.

5. By another order of the same date, one Sri T.K. Gangaraju was posted to the place of the petitioner i.e., Kadugodi (O & M), BESCOM, E-4 Sub-Division. In terms 5th of the transfer order dated 09.12.2020, the respondent – Bengaluru Electricity Supply Company Limited (hereinafter referred to as ‘the BESCOM’ for short) issued an order relieving Sri T.K.Gangaraju and directing him to report to duty at the place of the petitioner and the petitioner, accordingly handed over charge to Sri T.K.Gangaraju, in terms of the order of transfer dated 09.12.2020. The charge was handed over on 14.12.2020.

6. The petitioner in furtherance of this order of transfer issued by KPTCL, was not issued any further order by BESCOM directing him to report to duties at Varthur (O and M), where the eighth respondent was functioning. At that juncture, the petitioner knocks the doors of this Court in w