Premature transfer of cadre officer before two-year tenure invalid without Civil Services Board recommendation; State order suspending CSB held non-est, cannot override statutory rules mandating tenure stability.

ORDER (ORAL)

PER: JUSTICE S. SUJATHA, MEMBER (J)

This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(a) Set aside the order dated 28.08.2023 bearing No. e- DPAR 173 SFP 2023 passed by Respondent No. 4 (Annexure- A3) with all consequential benefits transferring the applicant herein from Deputy Conservator of Forest, Social Forest and Research, Doresanipalya, Bengaluru to Deputy Conservator of Forests, Research, Madikeri;

b) Pass such other orders as this Hon’ble Tribunal may deem fit in the facts and circumstances of the case, including the award of the costs of this application, in the interest of justice and equity.”

2. Briefly stated the facts as narrated by the applicant are that the applicant was initially appointed as State Forest Service (SFS) officer since 2008 and was encadred into Indian Forest Service vide Notification dated 30.05.2022 issued by the Government of India, Ministry of Environment, Forest and Climate Change as per the Indian Forest Service (Appointment by Promotion) Regulation 1966 and was allotted to batch of 2015, pursuant to which, the respondent No. 1 vide notification dated 23.06.2022 re-published the notification issued by the Government of India. The applicant was posted as Deputy Conservator of Forests, Social Forest and Research, Doresanipalya, Bengaluru vide notification dated 01.02.2023. However, the Respondent No. 4 vide notification dated 28.08.2023 posted the applicant as Deputy Conservator of Forests, Research, Madikeri. Being aggrieved by the premature transfer, the applicant has approached this Tribunal.

3. Learned counsel Shri Shishira Amarnath representing the applicant submitted that the impugned order is violative of the general transfer policy. Placing reliance on the Indian Forest Services (Cadre) Amendment Rules, 2014 (‘Amendment Rules’ for short), learned counsel submitted that the said Rule stipulates the minimum tenure of two years and any transfer before the minimum stipulated period is permissible only on the recommendation of the Civil Services Board (CSB) which shall before recommending for premature transfer shall follow the provision stipulated at paragraph 3 of the Schedule to said Amendment Rules. In support of his contentions, learned counsel relied on the judgment of the Hon’ble Apex Court in the case of T.S.R. Subramanian vs Union of India & Ors. reported in AIR (2014) SC 263 and the judgment and order passed by the Hon'ble High Court of Karnataka in the case of Mrs. Seema H vs. State of Karnataka and others in Writ Petition No. 48499/2016 (DD: 16.09.2016). The applicant has not completed minimum tenure of service in the cadre post and there is no recommendation of the CSB as required and, hence, seeks for the reliefs claimed.

4. Learned counsel Shri M. Rajakumar representing the Respondents No. 2 to 5 – State Government, submitted that transfer is a condition of service. It does not adversely affect the status or emoluments or seniority of the employees. The impugned transfer order has been issued in the interest of public and for administrative reasons. The impugned transfer order has been issued after obtaining the prior approval of the Hon'ble Chief Minister. No legal malice or malafides have been pleaded by the applicant in transferring her. The applicant has no vested right to claim the transfer unless it is pleaded and established that the order of transfer is an outcome of malafide power or issued by an incompetent authority or is prohibited by an Act or Rule. In the absence of such grounds urged by the a