No discretion for CM in transfer of officials: Karnataka High Court

BENGALURUI: A chief minister has no absolute discretion in the matter of premature or delayed transfer of government employees, the high court has said.
In a recent verdict, a division bench comprising Justices HG Ramesh and Ashok G Nijagannavar said if the transfer of a government employee doesn’t fall under the set of circumstances specified in a government order dated June 7, 2013, such a transfer is invalid, even if it had the CM’s prior approval.
The court also dismissed the petition filed by M Rajashekar, extension officer at Hospet in Ballari, after noting that the competent authority had not recorded any finding prior to the approval granted by the chief minister regarding the transfer, as required under the guidelines.
Rajashekar, who worked as hostel superintendent, Post Matric Boys Hostel, Hospet, had challenged the September 25, 2018 order of the Karnataka State Administrative Tribunal, setting aside his transfer as premature, based on a petition filed by Yerriswamy, the serving extension officer.
The transfer guidelines concerning state government employees specify a set of eight circumstances that has to be satisfied for effecting any transfer. The guidelines stipulate that the competent authority has to record reasons in writing regarding premature/delayed transfer, before getting approval from the chief minister.