Case Note & Summary
The petitioner, Sri Rajashekar M., an Extension Officer in the Department of Backward Classes Welfare, challenged an order dated 25.09.2018 passed by the Karnataka State Administrative Tribunal in Application No.7057/2018, which upheld his transfer. The transfer was made under Government Order No.DPAR 22 STR 2013, dated 07.06.2013, which requires prior approval of the Chief Minister for premature or delayed transfers. The petitioner contended that the Chief Minister's approval was given without any reasons recorded by the Competent Authority, and thus the transfer was invalid. The High Court examined the scope of para 9(b) of the Government Order and held that the Chief Minister's discretion is not absolute; it must be exercised only after perusal of the reasons recorded by the Competent Authority and upon satisfaction that the case falls under the specified categories. Since no such reasons were recorded, the transfer was quashed. The court allowed the writ petition and set aside the Tribunal's order.
Headnote
A) Administrative Law - Government Orders - Transfer of Government Servants - Para 9(b) of Government Order No.DPAR 22 STR 2013 - Chief Minister's Discretion - The Chief Minister's power to grant prior approval for premature/delayed transfer is not absolute; it must be exercised based on the reasons recorded by the Competent Authority and only if satisfied that the case falls under the specified categories. (Para 1)
B) Service Law - Transfer - Premature Transfer - Prior Approval - The impugned order of transfer was quashed as the Chief Minister's approval was not preceded by any reasons recorded by the Competent Authority, rendering the transfer invalid. (Para 2)
Issue of Consideration
Whether the Chief Minister has absolute discretion under Government Order No.DPAR 22 STR 2013, dated 07.06.2013 to give prior approval for premature/delayed transfers referred to in para 9 thereof.
Final Decision
The writ petition is allowed. The order dated 25.09.2018 passed by the Karnataka State Administrative Tribunal, Bangalore in Application No.7057/2018 is quashed. The impugned transfer order is set aside.
Law Points
- Administrative Law
- Government Orders
- Transfer of Government Servants
- Discretion of Chief Minister
- Prior Approval
- Premature Transfer
- Delayed Transfer
Case Details
2018 LawText (KAR) (11) 13
Writ Petition No.45916/2018 (S-KSAT)
H.G.Ramesh, Ashok G.Nijagannavar
Sri B.S.Murali (for petitioner), Sri I.Tharanath Poojary (AGA for R1 to R3), Sri Ravi H.K. for M/s.Kantharaja & Associates (for R4)
The State of Karnataka, The Commissioner, Department of Backward Classes Welfare, The District Officer, Department of Backward Classes Welfare, Bellary, Sri Yerriswamy
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Nature of Litigation
Writ petition challenging the order of Karnataka State Administrative Tribunal upholding transfer of petitioner.
Remedy Sought
Quashing of the Tribunal's order dated 25.09.2018 in Application No.7057/2018.
Filing Reason
Petitioner's transfer was made without prior approval of the Chief Minister based on reasons recorded by the Competent Authority as required under Government Order No.DPAR 22 STR 2013.
Previous Decisions
Karnataka State Administrative Tribunal dismissed the petitioner's application against the transfer order.
Issues
Whether the Chief Minister has absolute discretion under para 9(b) of Government Order No.DPAR 22 STR 2013 to give prior approval for premature/delayed transfers.
Submissions/Arguments
Petitioner argued that the Chief Minister's approval was not based on any reasons recorded by the Competent Authority, making the transfer invalid.
Respondents contended that the Chief Minister has absolute discretion to grant approval.
Ratio Decidendi
Under para 9(b) of Government Order No.DPAR 22 STR 2013, the Chief Minister may give prior approval for premature/delayed transfer only if he is satisfied that the case falls under the specified categories, based on the reasons recorded by the Competent Authority. The discretion is not absolute.
Judgment Excerpts
Whether the Chief Minister has absolute discretion under Government Order No.DPAR 22 STR 2013, Bangalore, dated 07.06.2013 to give prior approval for premature/delayed transfers referred to in para 9 thereof? This is the question that requires to be answered in this petition and it is answered in the negative.
Under para 9(b) of the aforesaid Government Order, the Chief Minister, on perusal of the reasons recorded by the Competent Authority, may give his prior approval for premature/delayed transfer of a Government servant, only if he is satisfied that the case would fall under the specified categories.
Procedural History
The petitioner filed an application before the Karnataka State Administrative Tribunal challenging his transfer order. The Tribunal dismissed the application on 25.09.2018. Aggrieved, the petitioner 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
