Case Note & Summary
The judgment involves multiple writ petitions filed by employees of the Karnataka State Road Transport Corporation (KSRTC) challenging various orders including deputation orders and charge memos. The petitioners, Abdul Aziz K, Ravikumar G, H.C. Basavarjappa, and others, sought to quash the deputation order dated 21.1.2017 and the relieving order, as well as charge memos issued by the respondents. The petitioners argued that the orders were malafide, arbitrary, and in violation of the KSRTC Service Regulations. The respondents contended that the deputation was a routine transfer and the disciplinary proceedings were validly initiated. The court, after hearing arguments, held that deputation is an incident of service and an employee has no right to choose his place of posting. The court further held that a charge memo cannot be quashed at the threshold unless it is without jurisdiction or the allegations do not constitute misconduct. The court dismissed the petitions, upholding the impugned orders and allowing the respondents to proceed with the disciplinary proceedings.
Headnote
A) Service Law - Deputation - Transfer - Deputation order is an incident of service and an employee has no right to choose his place of posting - The court held that the deputation order cannot be interfered with unless it is shown to be malafide or in violation of statutory rules - The petitioner failed to establish malafides (Paras 10-15). B) Service Law - Disciplinary Proceedings - Charge Memo - A charge memo cannot be quashed at the threshold unless it is without jurisdiction or the allegations do not constitute misconduct - The court held that the disciplinary proceedings can continue even after retirement if the rules permit - The petitioner's challenge on grounds of delay and malafides was rejected (Paras 16-20).
Issue of Consideration
Whether the deputation order and charge memo issued by KSRTC are valid and whether the petitioners have made out a case for interference under Articles 226 and 227 of the Constitution of India.
Final Decision
The court dismissed all the writ petitions, upholding the deputation order and charge memos. The respondents are allowed to proceed with the disciplinary proceedings.
Law Points
- Deputation order is an incident of service
- no right to choose place of posting
- malafides must be specifically pleaded and proved
- disciplinary proceedings can be initiated even after retirement if rules permit
- charge memo cannot be quashed at threshold unless without jurisdiction.
