Case Note & Summary
The petitioner, Sri Prem Singh, a Superintending Engineer in the Public Works Department, challenged his transfer order dated 8.11.2019 before the Karnataka State Administrative Tribunal, which dismissed his application. He then filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The petitioner alleged that the transfer was malafide and intended to accommodate the 2nd respondent, Sri Prakash B. Srihari. The High Court examined the facts and found that the petitioner was placed on independent charge under Rule 32 of the Karnataka Civil Service Rules (KCSR) and subsequently transferred. The court noted that transfer is an incident of service and a government servant has no right to a particular posting. The allegations of malafides were not specifically pleaded or proved. The court held that the Tribunal's order was correct and dismissed the writ petition, upholding the transfer order.
Headnote
A) Service Law - Transfer - Incident of Service - Transfer is an incidence of service and a government servant has no right to be posted at a particular place. The court held that the petitioner failed to establish any malafides or violation of statutory rules. (Paras 5-10)
B) Service Law - Transfer - Malafides - Allegations of malafides must be specifically pleaded and proved by the person alleging it. The court found that the petitioner's allegations were vague and unsupported by evidence. (Paras 11-15)
C) Service Law - Transfer - Public Interest - Transfer orders are passed in public interest and the court should not interfere unless they are arbitrary or malafide. The court upheld the transfer as being in public interest. (Paras 16-20)
Issue of Consideration
Whether the transfer order of the petitioner was vitiated by malafides and whether the Tribunal erred in dismissing the application challenging the transfer.
Final Decision
The writ petition is dismissed. The order of the Tribunal dated 20.12.2019 is upheld.
Law Points
- Transfer is an incident of service
- no right to a particular posting
- malafides must be specifically pleaded and proved
- public interest is paramount
- writ court does not sit in appeal over transfer orders
Case Details
2020 LawText (KAR) (02) 51
Writ Petition No.212920/2020 (S-KAT)
G. Narendar, M. Nagaprasanna
Sri Ravi B. Patil, Sri M.S. Bhagwath, Sri Pruthveesh M.N. for Petitioner; Sri I. Taranath Poojari for R1; Sri D.L. Jagadeesh, Sri Krupa Sagar Patil, Sri B.R. Patil for R2
The State of Karnataka, Sri Prakash B. Srihari
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Nature of Litigation
Writ petition challenging the order of the Karnataka State Administrative Tribunal dismissing the petitioner's application against his transfer order.
Remedy Sought
To set aside the Tribunal's order dated 20.12.2019 and allow the application challenging the transfer.
Filing Reason
The petitioner was transferred by notification dated 8.11.2019, which he alleged was malafide and in violation of rules.
Previous Decisions
The Karnataka State Administrative Tribunal dismissed the application No.6785/2019 on 20.12.2019.
Issues
Whether the transfer order was vitiated by malafides?
Whether the Tribunal erred in dismissing the application?
Submissions/Arguments
Petitioner argued that the transfer was malafide and intended to accommodate the 2nd respondent.
Respondents argued that the transfer was in public interest and the petitioner had no right to a particular posting.
Ratio Decidendi
Transfer is an incident of service and a government servant has no right to be posted at a particular place. Allegations of malafides must be specifically pleaded and proved. The court should not interfere with transfer orders passed in public interest unless they are arbitrary or malafide.
Judgment Excerpts
Transfer is an incidence of service and a government servant has no right to be posted at a particular place.
Allegations of malafides must be specifically pleaded and proved by the person alleging it.
Procedural History
The petitioner filed Application No.6785/2019 before the Karnataka State Administrative Tribunal challenging his transfer order. The Tribunal dismissed the application on 20.12.2019. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Civil Service Rules: Rule 32
