Case Note & Summary
The petitioner, Sri K M Vasu, an Executive Engineer on deputation to Bruhat Bengaluru Mahanagara Palike (BBMP), challenged two orders dated 24.10.2019 and 28.10.2019 issued by the first respondent. The first order transferred him prematurely from his post as Executive Engineer, Hebbal Division, and the second order posted the third respondent, Sri G. R. Devendra Naik, in his place without assigning any new posting to the petitioner. The petitioner sought quashing of these orders and a direction to allow him to continue in his current post. The respondents, including BBMP and the third respondent, opposed the petition, arguing that the transfer was administrative and within the employer's discretion. The court examined the transfer orders and found that while the petitioner was transferred, no specific place of posting was mentioned, rendering the transfer incomplete and arbitrary. The court also noted that the transfer policy of BBMP required adherence to certain norms, which were not followed. The court held that a transfer order without a posting is illegal and that the petitioner's rights were violated. Consequently, the court quashed the impugned orders and directed the respondents to allow the petitioner to continue in his current post until a valid transfer order is issued in accordance with the policy.
Headnote
A) Service Law - Transfer - Validity of Transfer Order - Transfer order without specifying a place of posting is arbitrary and illegal - The petitioner, an employee on deputation to BBMP, was transferred prematurely without being assigned a new post, while the third respondent was posted in his place - Held that a transfer order must indicate the place of posting to be valid, and the transfer policy of BBMP must be adhered to (Paras 1-3).
Issue of Consideration
Whether the transfer order of the petitioner without indicating a specific place of posting is valid and whether the transfer policy of BBMP was followed.
Final Decision
The court quashed the impugned orders dated 24.10.2019 and 28.10.2019 and directed the respondents to allow the petitioner to continue in his current post until a valid transfer order is issued in accordance with the transfer policy.
Law Points
- Transfer order without posting is arbitrary
- Transfer policy must be followed
- Deputation employee rights
- Natural justice in transfer
