Case Note & Summary
The petitioner, Sri Mallikarjun Gouda G.N., an Assistant Executive Engineer (V) in the Karnataka Power Transmission Corporation Limited (KPTCL), challenged his transfer from Ballari to Raichur vide Official Memorandum dated 30-07-2024 issued by the 2nd respondent. The petitioner contended that the transfer was in violation of the KPTCL Transfer Policy, which mandates a minimum tenure of 3 years at a particular station and requires prior notice before transfer. The petitioner had not completed the minimum tenure and was not given any prior notice. The respondents argued that the transfer was made in public interest and was within the employer's discretion. The court examined the KPTCL Transfer Policy and found that the transfer was indeed in violation of the policy as the petitioner had not completed the minimum tenure and no prior notice was given. The court held that while transfer is an incident of service, it must be in accordance with the rules and policy. The impugned transfer order was quashed insofar as it pertained to the petitioner, and the respondents were directed to consider the petitioner's representation in accordance with the policy.
Headnote
A) Service Law - Transfer - Transfer Policy - KPTCL Transfer Policy - The petitioner challenged his transfer from Ballari to Raichur on the ground that it violated the KPTCL Transfer Policy which prescribes a minimum tenure of 3 years and requires prior notice. The court held that the transfer was arbitrary and not in accordance with the policy, as the petitioner had not completed the minimum tenure and no prior notice was given. (Paras 1-10) B) Administrative Law - Judicial Review - Transfer Orders - The court reiterated that transfer orders are administrative in nature and can be interfered with if they are mala fide, in violation of statutory rules, or passed without following the prescribed policy. In this case, the transfer was set aside due to non-compliance with the transfer policy. (Paras 5-8)
Issue of Consideration
Whether the transfer of the petitioner from Ballari to Raichur vide Official Memorandum dated 30-07-2024 is valid and in compliance with the KPTCL Transfer Policy.
Final Decision
The writ petition is allowed. The impugned Official Memorandum dated 30-07-2024 is quashed insofar as it pertains to the petitioner (Sl.No.6). The respondents are directed to consider the petitioner's representation in accordance with the KPTCL Transfer Policy.
Law Points
- Transfer policy
- Minimum tenure
- Prior notice
- Administrative law
- Judicial review of transfer orders
