Court emphasizes that administrative departments should independently handle transfer and postings; issues directive to prevent Chief Minister's Office intervention.
In a significant ruling, the Karnataka High Court has directed the Office of the Chief Minister to refrain from direct involvement in the transfer and posting of government employees. The judgment, delivered by a division bench comprising Justices D.K. Singh and T.M. Nadaf, emphasized that such administrative matters should be managed by the relevant administrative departments as per the Cadre and Recruitment Rules and Transfer Guidelines.
The case, filed as Writ Appeal No.2 of 2025, arose from an impugned judgment by a single judge, which highlighted the undue influence of the Chief Minister’s Office in the transfer process. The appellant, Sri Chethan S., had challenged his transfer orders and the influence exerted by the Chief Minister's Office in approving mutual transfers.
The High Court reiterated that the Chief Minister's Office should focus on significant governance issues rather than routine administrative decisions. It noted that recommendations from the Chief Minister's Office are not binding transfer orders but merely suggestive, as clarified by the Chief Secretary in an affidavit. The Chief Secretary assured that these recommendations would be scrutinized based on existing guidelines and rules.
The court's decision follows observations that the Chief Minister's Office was issuing transfer approvals that contradicted the orders from the official superiors of the employees concerned. The court instructed the Registrar General to bring these observations to the attention of the Chief Secretary and the Chief Minister to ensure adherence to proper procedures.
The ruling highlights the importance of administrative autonomy, directing that the Chief Minister's Office should not entertain direct transfer requests. The court stressed that the highest authority of the state should not be involved in the routine matters of employee transfers and postings, urging the Chief Minister to prioritize more critical governance responsibilities.
The appeal was disposed of with these directives, with a copy of the order to be presented to the Hon'ble Chief Minister for necessary action. The court's decision underscores the need for proper administrative practices and the separation of governance duties from routine administrative functions.
Bottom Line:
Transfer and postings of employees should be handled by concerned administrative departments and not directly interfered with by the Office of the Chief Minister.
Statutory provision(s): Cadre and Recruitment Rules, Transfer Guidelines, Department of Personnel and Administrative Reforms (DPAR)
