Case Note & Summary
The petitioner, Ravi D. Bagalkot, was working as a Senior Health Inspector at the Town Municipal Council, Laxmeshwar, and later was transferred to Kalagatagi by an order dated 20.01.2018 passed by the Director of Municipal Administration (respondent No.2). The petitioner challenged this transfer order by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking a writ of certiorari to quash the order. The petitioner contended that the transfer order was passed by an authority not competent to do so, as the appointing authority for the post of Senior Health Inspector is the Deputy Commissioner, not the Director. The respondents argued that the transfer was made in the interest of administration. The court heard the learned counsel for the petitioner, Sri G.N. Narasammanavar, the learned HCGP for respondent Nos.1 to 4, Smt. Kirtilata R. Patil, and the learned counsel for respondent No.5, Sri S.S. Niranjan. The court examined the provisions of the Karnataka Municipalities Act, 1964, particularly Section 10, which deals with the appointment and transfer of municipal officers. The court found that the transfer order was passed by the Director of Municipal Administration, who is not the appointing authority for the petitioner's post. The appointing authority is the Deputy Commissioner. Therefore, the transfer order was without jurisdiction and in violation of the statutory transfer policy. The court allowed the writ petition and quashed the impugned transfer order dated 20.01.2018.
Headnote
A) Service Law - Transfer - Competent Authority - Section 10 of Karnataka Municipalities Act, 1964 - Transfer of a Senior Health Inspector was ordered by the Director of Municipal Administration, who was not the appointing authority - The court held that the transfer order was passed without jurisdiction and in violation of the statutory transfer policy, as the appointing authority alone could transfer the petitioner - The impugned order was quashed (Paras 3-5).
Issue of Consideration
Whether the impugned transfer order dated 20.01.2018 passed by the Director of Municipal Administration is valid and in accordance with the Karnataka Municipalities Act, 1964 and the transfer policy.
Final Decision
The writ petition is allowed. The impugned order dated 20.01.2018 bearing No.3014 DMA71 EQBG 2013-2014/6493 passed by respondent No.2 is quashed.
Law Points
- Transfer order must be passed by competent authority as per statutory rules
- Non-compliance with transfer policy renders order invalid
- Writ of certiorari lies against orders passed without jurisdiction
