Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G. Pandit, T.M. Nadaf
Naveen P S, S/o Late Siddappa – Appellant
Versus
State Of Karnataka, Department Of Commerce and Industries, Represented By Its Principal Secretary – Respondent
ORDER :
S.G. PANDIT, J.
Since both the above writ petitions are filed questioning the same order dated 03/10/2024, in Application No.4126/2024, clubbed with 4129/2024, both the writ petitions are taken up together and disposed of by this common order.
2. Both the writ petitioners are working as Senior Geologists in the Department of Mines and Geology. Thepetitioner in Writ Petition No.28046/2024 was posted as Senior Geologist, Shivamogga under notification dated 27.07.2023. Whereas the writ petitioner in W.P.No.27973/2024 was posted as Senior Geologist, Haveri under notification dated 26.07.2023. Under impugned transfer notification dated 22.08.2024 (Annexure-A5), both the petitioners were transferred and other officers were posted. Questioning the said notification of transfer, both the petitioners approached the Karnataka State Administrative Tribunal (for short ‘Tribunal’) in Application No.4126/2024 and 4129/2024, respectively, among other grounds contending that the transfer is premature.
3. The Tribunal under impugned order rejected the applications mainly on the ground that the order of transfer is approved by the Chief Minister by assigning reasons and the transfer is already i
Premature transfers of government employees require specific reasons beyond general statements of public interest, as outlined in Transfer Guidelines.
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....
Premature transfer of a government servant must comply with the minimum tenure prescribed in the transfer guidelines, and transfer based solely on complaints without initiating necessary disciplinary....
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
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....
A transfer order made in public interest must be supported with sufficient reasons, and the absence of reasons makes the order arbitrary and illegal.
Minimum tenure for government employees is mandatory, and transfers influenced by political pressure without proper approval violate procedural requirements, ensuring stability in civil service.
Transfers of employees nearing retirement must be justified by administrative exigency; otherwise, they are deemed arbitrary and against public policy.
Point of law : No government employee can be transferred before he completes the minimum period of retention as prescribed in Government Order dated 07.06.2013 -greater leverage with the Government i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
