Cautioning the Bruhat Bangalore Mahanagara Palike (BBMP) against transferring officers at the instance of the high and mighty like Ministers and Chief Minister, the High Court of Karnataka set aside the BBMP Commissioner’s order transferring a executive engineer on the recommendation of the Chief Minister.
“Though this is a fit case for passing strictures against all the concerned and for levy of exemplary costs, this court with much reluctance, restrains itself from doing the same so that such illegal transfers shall not be repeated hereafter,” the court observed.
Justice Krishna S. Dixit passed the order while allowing a petition filed by K.M. Vasu, executive engineer, Hebbal division, BBMP. The petitioner had questioned his “premature” transfer from the post at the insistence of Chief Minister B.S. Yediyurappa, who in October endorsed a written request made by Union Minister D.V. Sadananda Gowda for posting one G.R. Devendra Naik as executive engineer, Hebbal division.
Pointing out that the BBMP Commissioner “should have exercised statutory discretion in accordance with the rules of reason and justice, and not whimsically nor at the instance of the high and mighty,” the court said there is error apparent on the face of record as the commissioner acted contrary to law.
“No provision of law is brought to the notice of this court that these Ministers have any say in the deployment of personnel within the BBMP organisation; therefore the power exercised by the commissioner under Section 69 of the Karnataka Municipal Corporations Act, 1976, whereby transfers are effected is vitiated since the commissioner has “acted on the dictate of alien authorities...,” the court observed.
Earlier directions ignored
Noticing that the BBMP has not stopped from transferring officers at the instance of ministers despite the Court’s directions in this regard issued six years ago, Justice Dixit pointed out that court’s 2013 order not only had quashed transfer of an engineer on the recommendation given by the then Chief Minister [Siddaramaiah] but had also directed the BBMP to cancel all such transfers made at the instance of ministers, and post officers based on their ability, honesty and integrity to bring in efficient administration in the BBMP.
