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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
SACHIN SHANKAR MAGADUM
Sanjeevkumar S/o Sharanappa – Appellant
Versus
State of Karnataka – Respondent
ORDER :
SACHIN SHANKAR MAGADUM, J.
1. The captioned petition is filed assailing the impugned transfer order dated 30.7.2024 thereby posting respondent No.5 to the place of petitioner vide Annexure-L.
2. The petitioner was initially appointed as Assistant Engineer (Electrical) and was later promoted to the post of Assistant Executive Engineer on 10.07.2012. Following his promotion, he was transferred from GESCOM Division, Humnabad to the 33 KV C&M Division, GESCOM, Bidar by order dated 31.10.2023, where he was posted against a vacant post.
3. Subsequently, pursuant to the approval of the Managing Director, a new O&M City Sub-Division was created by bifurcating it from the existing O&M Division, Bidar. Respondent No.4 – GESCOM – issued an Official Memorandum renaming the residual division as O&M City Sub-Division, Bidar. The petitioner contends that the newly constituted sub-division was sanctioned with 18 posts, including one post of Assistant Executive Engineer (Electrical).
4. The petitioner submits that since he was already working in the 33 KV C&M Division, Bidar, his post was administratively shifted to the newly created O&M City Sub-Division, and he assumed charge on 15.06.2024. Th
Minimum tenure for government employees is mandatory, and transfers influenced by political pressure without proper approval violate procedural requirements, ensuring stability in civil service.
Transfer orders in service can only be challenged on grounds of statutory violation or mala fides; mere allegations are insufficient for judicial intervention.
A government servant has no vested right to remain posted at a place of his choice, and a transfer can be made in administrative exigencies. The communication from the Chief Minister was a request or....
Transfer orders within government service are generally not subject to judicial review unless proven malafide or in violation of statutory provisions.
A temporary appointee does not have the right to contest administrative transfer decisions under the Transfer Guidelines, as these do not apply in temporary situations.
Transfers of government servants can be initiated by MLAs based on public grievances if consistent with procedural guidelines and approved by the Chief Minister, and are generally not subject to judi....
Transfers between government officers not similarly ranked are generally impermissible, but exceptions exist if justified by competence and administrative needs.
Premature transfers of government employees require specific reasons beyond general statements of public interest, as outlined in Transfer Guidelines.
Transfer orders must be justified by administrative exigency and cannot reduce a government servant's rank without consent; otherwise, they may be deemed stigmatic and subject to judicial review.
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