The High Court of Karnataka has said that “political interference, be it written or oral, in transfer and posting of officers would result in politicisation of public office, resulting in putting public efficiency and good administration to peril”.
The court made these observations while coming to the rescue of an Assistant Engineer (Electrical) who was made to move from pillar to post for five months to secure a posting because the then Cabinet Minister favoured continuation of another Assistant Engineer in a particular post in contravention of the transfer orders.
Justice M. Nagaprasanna passed the order while allowing the petitions filed by D. Naveen, AE (Electrical) of the Karnataka Power Transmission Corporation Ltd. (KPTCL), questioning denial of post to which which he was lawfully transferred.
From the note sheets of the official records, the court noted that the petitioner was not allowed to take charge as AE (Electrical) at Bangalore Electricity Supply Company’s Varthur O&M Unit, in the city as Mahadevapura MLA Aravind Limbavali, who was then a Minister of Cabinet rank, wanted continuation S. Mahadev as AE (Electrical) at Varthur unit.
The entire action of denying posting to the petitioner was vitiated on account of political interference by the MLA, and not allowing the petitioner to take charge at Varthur was contrary to the guidelines governing transfers, the court said.
The court held that the petitioner was lawfully transferred to Varthur in December 2020 after taking prior approval from the Chief Minister as per the guidelines on premature transfer. And actions of not allowing him to take charge at Varthur and giving him posting at another place was contrary to the guidelines as it was done without the Chief Minister’s prior approval.
When the guidelines itself clearly bar taking post-facto approval from the Chief Minister for premature transfers, the action of taking post-facto approval from the CM to retain Mr. Mahadev at Varthur was illegal, the court said.
‘Strange procedure’
Meanwhile, the court pointed out that the KPTCL adopts strange procedure in transferring its personnel to Escoms. Noting that each Escom will have to issue orders to post the personnel even after issuing of transfer orders by the KPTCL, the court pointed out that Escoms take weeks and months to implement transfer orders leading to multiple litigations.
The court said that each Escom must issue corresponding posting orders within one week from the date of KPTCL’s transfer orders while strictly adhering to a circular issued by the KPTCL in this regard in January this year.
