Case Note & Summary
The appellant, Shri B.K. Uday Kumar, was initially appointed as an Assistant Engineer in the Karnataka Power Transmission Corporation Limited (KPTCL) in 1985. He was later promoted to Chief Engineer but was reverted to Superintending Engineer due to a Supreme Court decision. Subsequently, he was transferred to the Bangalore Electricity Supply Company Limited (BESCOM), a distribution company formed in 2002. The third respondent, Shri G. Ashok Kumar, filed a writ petition before the Single Judge seeking a direction to transfer the appellant back to KPTCL, claiming that the appellant's transfer to BESCOM was illegal. The Single Judge allowed the writ petition and directed the transfer of the appellant from BESCOM to KPTCL. Aggrieved, the appellant filed the present writ appeal. The Division Bench of the High Court of Karnataka examined the issue of whether a transfer of an employee from one government company to another can be directed under Article 226 without the employee's consent and without any statutory provision. The court noted that KPTCL and BESCOM are separate legal entities under the Companies Act, 2013, and there is no statutory provision under the Karnataka Electricity Reform Act, 1999, or any other law that empowers the transfer of employees between these companies without their consent. The court held that the Single Judge's order was without jurisdiction and amounted to a violation of the appellant's fundamental rights. The appeal was allowed, the Single Judge's order was set aside, and the writ petition was dismissed.
Headnote
A) Service Law - Transfer - Inter-Company Transfer - Article 226 of the Constitution of India, 1950 - Transfer of an employee from one government company to another without his consent and without any statutory provision is not permissible under Article 226 - The court held that the Single Judge erred in directing the transfer of the appellant from BESCOM to KPTCL as there was no statutory power or consent - The appeal was allowed and the writ petition was dismissed (Paras 1-10).
Issue of Consideration
Whether the High Court under Article 226 can direct transfer of an employee from one government company to another without his consent and without any statutory provision empowering such transfer.
Final Decision
Appeal allowed. The Judgment and Order dated 21.10.2019 passed by the learned Single Judge in Writ Petition No.33296/2019 is set aside. The writ petition filed by the 3rd respondent is dismissed.
Law Points
- Transfer of employee from one government company to another without consent requires statutory power or consent
- Article 226 of the Constitution of India
- 1950
- Karnataka Electricity Reform Act
- 1999
- Companies Act
- 2013
Case Details
2020 LawText (KAR) (01) 27
Writ Appeal No.3843 of 2019 (S-TR)
Abhay S. Oka, Chief Justice, S.R. Krishna Kumar, Justice
Shri V. Lakshminarayana (Senior Counsel for appellant), Ms. Anusha L (Advocate), Shri I. Tharanath Poojary (Additional Government Advocate for R1), Shri M.L. Suvarna (Advocate for M. Nagaprasanna Associates for R3)
The State of Karnataka, Karnataka Power Transmission Corporation Limited, Shri G. Ashok Kumar, BESCOM
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Nature of Litigation
Writ appeal against Single Judge order directing transfer of employee from one government company to another.
Remedy Sought
Appellant sought to set aside the Single Judge order dated 21.10.2019 in Writ Petition No.33296/2019 and to dismiss the writ petition filed by the 3rd respondent.
Filing Reason
The Single Judge directed the transfer of the appellant from BESCOM to KPTCL without his consent and without statutory authority.
Previous Decisions
Single Judge allowed the writ petition and directed transfer of appellant from BESCOM to KPTCL.
Issues
Whether the High Court under Article 226 can direct transfer of an employee from one government company to another without his consent and without any statutory provision empowering such transfer.
Submissions/Arguments
Appellant argued that transfer from one government company to another without consent and without statutory power is illegal and violates fundamental rights.
Respondents argued that the transfer was necessary and within the powers of the court under Article 226.
Ratio Decidendi
Transfer of an employee from one government company to another without his consent and without any statutory provision empowering such transfer is not permissible under Article 226 of the Constitution of India.
Judgment Excerpts
By this appeal, the appellant who is the 3rd respondent in the writ petition has challenged the Judgment and Order dated 21st October, 2019 passed by the learned Single Judge in Writ Petition No. 33296 of 2019 filed by the 3rd respondent in the present appeal.
The appellant entered into the service on the establishment of the 2nd respondent - KPTCL as an Assistant Engineer on 28th October 1985.
In view of the decision in the case of B.K. Pavitra (I) & Others -vs Union of India and Others.
Procedural History
The 3rd respondent filed Writ Petition No.33296/2019 before the Single Judge seeking transfer of the appellant from BESCOM to KPTCL. The Single Judge allowed the writ petition on 21.10.2019. The appellant filed the present writ appeal under Section 4 of the Karnataka High Court Act, 1961 on 04.01.2020.
Acts & Sections
- Karnataka High Court Act, 1961: Section 4
- Constitution of India, 1950: Article 226
- Karnataka Electricity Reform Act, 1999:
- Companies Act, 2013:
