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Strikes Down 'Singled-Out' Driver Transfer, Orders to Draft Binding Guidelines
In a landmark ruling emphasizing transparency in public sector employment, the has quashed the transfer orders of a dedicated driver-cum-conductor from the ). Justice Lalitha Kanneganti not only set aside the orders but also directed the corporation to formulate comprehensive transfer guidelines within three months, ensuring no more arbitrary moves.
From Athani Depot to Unexpected Exile: The Driver's 13-Year Saga
Shri. Chandrakanth Y. Toravi joined as a driver-cum-conductor on a temporary basis in , earning regularization in after a blemish-free probation. For the past 13 years, he served loyally at Athani Depot in Chikodi Division, even receiving awards for exemplary performance. On , however, he was abruptly transferred to Belagavi/Khanapur Division on vague "administrative grounds"—the only one among 43 others transferred on request. A follow-up movement order on , forced his relocation.
Toravi challenged this under , citing the (Cadre and Recruitment) Regulations, 1982, which stress sparing use of admin transfers and protect divisional seniority. He argued the move disrupted his career without justification.
Corporation Insists: 'Admin Needs Trump All' – But Lacks Policy Backup
defended the transfer as routine , claiming compliance with internal regulations and a circular (No. 1565). They argued the petition was since Toravi had joined Khanapur Depot. When pressed by the court on governing guidelines, their counsel merely reiterated the circular's nod to admin transfers, without specifics.
The court wasn't convinced, noting no general transfers occur for Class-IV employees like Toravi, and the lumped him with requesters without reasons.
No Blank Cheques for Bosses: Why the Court Drew the Line
Justice Kanneganti dissected the flaws: the transfer singled out Toravi arbitrarily, lacked recorded reasons, and violated principles against . Drawing on settled law that transfers, while an incidence of service, must follow fair norms, the court highlighted the absence of guidelines in a corporation employing thousands.
"Unfortunately, the Corporation do not have transfer guidelines in place,"
the judge observed, stressing their role in fostering trust and efficiency. The
circular was dismissed as inapplicable to non-request transfers. Even Toravi's compliance by joining didn't bar challenge, as employees must obey pending judicial review.
No precedents were explicitly cited, but the ruling echoes judicial insistence on under .
Court's Razor-Sharp Observations
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On Singling Out :
"Even assuming that there is an administrative reason behind his transfer, the transfer order should contain the reasons and the petitioner cannot be singled out. Except the petitioner, no other employee is transferred on administrative grounds."
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Transfers' Double Edge :
"Transfer of employees is a vital administrative tool for ensuring efficiency, integrity and smooth functioning of the Institution. However, when transfers are made arbitrarily or without uniform standards, they lead to dissatisfaction and the allegation of malafides."
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Guidelines Imperative :
"Hence, formulation and strict adherence to the transfer guidelines is a necessity rather than a mere administrative formality... It is high time that the respondents shall formulate the transfer guidelines within three months from the date of receipt of the copy of the order."
Relief and Roadmap: Quashed Orders, New Rules Ahead
The succeeded: transfer order dated (No. SAM.VA.KARASA/KEKA/SANCHAR/ADALITA/3723/2024) and movement order dated (No. SAM/VAKARASA/CHIVI/SIBBANDI/C-6/1898/24) stand set aside insofar as Toravi (Sl. No. 15).
Broader ripples: must frame guidelines for all employees, including Class-IV, in three months. Until then, admin-ground transfers require " " with explicit reasons. This curbs potential abuse, protects seniority under 1982 Regulations, and sets a precedent for policy voids in public undertakings.
As news reports echo, this verdict underscores that administrative convenience can't override employee rights— a win for fairness on Karnataka's roads.
