2 months ago
1
Bengaluru
The Chief Minister’s Office (CMO) should not entertain requests for transportation and postings straight and the Chief Minister should not interfere with the transfers of the employees moving wrong the authorities and its nationalist assemblage undertakings, said the High Court of Karnataka.
“The highest authorization of the State [CM] has amended and much important enactment to execute than interfering with the transfers and postings of the employees of the State Government and its undertakings,” the Court observed.
A Division Bench comprising Justice D.K. Singh and Justice T.M. Nadaf made these observations portion disposing of an appeal, filed by Chethan S., an adjunct technologist moving with Bangalore Electricity Supply Company Ltd.,(BESCOM). He had challenged the azygous judge’s September 9, 2024, bid of dismissing his petition, successful which helium had challenged BESCOM’s enactment of not posting him to a peculiar sub-division contempt the support fixed by the CM connected June 24 to his petition for specified a posting.
“We are of the considered presumption that the transfers and postings of the employees should beryllium near to the acrophobic administrative departments and the highest authorization of the State should not give his clip successful specified matters nor should interfere with the transfers and postings of the employees moving wrong the authorities and the authorities undertakings,” the Bench observed portion noticing the transportation guidelines, which specifies obtaining of CM’s approvals successful cases of premature and delayed transfers done the authoritative channel.
“We are the sentiment that nary petition for transportation and posting should beryllium entertained by the CMO directly. The substance should extremity astatine the level of the section itself,” the Bench observed.
Chief Secretary’s affidavit
Meanwhile, the Bench noted an affidavit filed by State’s Chief Secretary, Shalini Rajneesh, connected March 3, 2026, successful which she has categorically stated that “the notes received from the CMO are lone recommendatory successful quality and not transportation orders oregon support for transfers.”
“It is for the acrophobic section to scrutinise specified recommendations based connected the respective Cadre and Recruitment Rules and General Transfer Guidelines issued by the Department of Personnel and Administrative Reforms (DPAR),” the Chief Secretary had clarified successful her affidavit.
Single judge’s remarks
The Bench made these observations successful summation to the remarks made by the azygous judge, who had noted that the High Court has travel crossed respective letters/orders/approvals issued by the CMO either transferring radical ‘B’ oregon ‘C’ employees, thereby undoing the orders of transfers issued by the transferring authorization of the acrophobic departments.
“...this generates a uncertainty arsenic to whether the CM is alert of the benignant of orders/approvals obtained from his office. It besides gives rise to a suspicion that idiosyncratic sitting successful the bureau of the CM is mechanically issuing specified orders/approvals giving emergence to bosom pain amongst employees and consequent litigation earlier this Court,” the azygous justice had observed.
Sensitised
Meanwhile, the Chief Secretary has stated successful the affidavit filed earlier the Bench that the azygous judge’s remarks were brought to the announcement of the CM arsenic was ordered by the azygous judge, and the bureau staff/officers successful the CMO associated with handling of specified transportation requests person been specifically sensitised regarding concerns expressed by the judge.
