Case Note & Summary
The petitioners, comprising the Secretary to Government, Department of Education, Commissioner of Department of Public Instructions, Deputy Director of Public Instructions, and Block Education Officer, along with the Registrar of Karnataka Lokayukta, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. They sought to quash the order dated 18.05.2021 passed by the Karnataka State Administrative Tribunal in Application No.1708/2019. The respondent, H.S. Sandhya, was an employee working as Assistant Director at the Karnataka Secondary Education Examination Board. The Tribunal had set aside an order of transfer/posting against the respondent on the ground that it was passed without affording her an opportunity of being heard, violating principles of natural justice. The petitioners argued that the Tribunal's order was erroneous and that the transfer was made in public interest. The High Court, after hearing the learned High Court Government Pleader for the petitioners, examined the brief facts. The court noted that the Government had framed a policy to conduct a program called 'Prathibha Karanji' at Taluk and District levels for primary students. However, the court found that the Tribunal had correctly applied the principles of natural justice and that the respondent was not heard before the adverse order. The High Court held that the Tribunal's order did not suffer from any error of law or jurisdiction warranting interference under writ jurisdiction. Consequently, the writ petition was dismissed, upholding the Tribunal's order.
Headnote
A) Service Law - Transfer/Posting - Natural Justice - Right to be Heard - The petitioners, State Education Department, challenged the order of the Karnataka State Administrative Tribunal which set aside the transfer/posting of the respondent employee. The High Court held that the Tribunal's order was just and proper as it was based on the principles of natural justice and the respondent was not heard before the adverse order. The petition was dismissed. (Paras 1-5) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Scope of Judicial Review - The High Court, while exercising writ jurisdiction, declined to interfere with the Tribunal's order as it did not suffer from any error of law or jurisdiction. The court observed that the Tribunal had correctly applied the principles of natural justice. (Paras 1-5)
Issue of Consideration
Whether the Karnataka State Administrative Tribunal erred in setting aside the order of transfer/posting of the respondent without affording the petitioners an opportunity of hearing?
Final Decision
The High Court dismissed the writ petition, upholding the order of the Karnataka State Administrative Tribunal dated 18.05.2021.
Law Points
- Natural justice
- right to be heard
- administrative law
- service jurisprudence
- writ jurisdiction under Articles 226 and 227 of the Constitution of India
