BENGALURU: Despite circulars, time and again transfers of government servants are being made without showing any posting, the Karnataka high court has observed in a recent order while directing the state government to strictly comply with the circular issued on March 27,2017.
Justice Sunil Dutt Yadav gave this direction while setting aside the transfer of one Murthy, Chief Officer of Hanur Town Municipal Council in Chamarajanagar district .
The judge also noted point out that in Marun Prasad‘s case ,the high court has already held that vacancy will not arise until an employee in whose place another employee has been transferred, is shown a place of posting.
Murthy was transferred on December 23,2021, without giving any posting. One Parashivaiah ,who had a recommendation letter issued by the MLA, was posted in Murthy’ s place.
Ultimately, on July 20,2022, when Murthy s petition was pending before the high court, he was told to report at Town Municipal Council at Ullal in Dakshina Kannada district, against a vacant post.
Allowing Murthy’s petition, Justice Sunil Dutt Yadav further noted that March 27,2017 circular also stipulated that reasons must be recorded in writing for not showing posting to any government servant and such reasons should be “compelling administrative reasons like non availability of post due to abolishment/up-gradation/down gradation, shifting in lieu of suspension, requirement of government servant to perform urgent confidential work in a post, unsuitability or inefficiency to work in the existing vacancy or for being utilized against temporary and leave vacancy etc”.
“Procedure is also shown to review orders of transfer by the Head of the Department where person displaced is not shown posting recording reasons in writing” the judge has added.
Justice Sunil Dutt Yadav gave this direction while setting aside the transfer of one Murthy, Chief Officer of Hanur Town Municipal Council in Chamarajanagar district .
The judge also noted point out that in Marun Prasad‘s case ,the high court has already held that vacancy will not arise until an employee in whose place another employee has been transferred, is shown a place of posting.
Murthy was transferred on December 23,2021, without giving any posting. One Parashivaiah ,who had a recommendation letter issued by the MLA, was posted in Murthy’ s place.
Ultimately, on July 20,2022, when Murthy s petition was pending before the high court, he was told to report at Town Municipal Council at Ullal in Dakshina Kannada district, against a vacant post.
Allowing Murthy’s petition, Justice Sunil Dutt Yadav further noted that March 27,2017 circular also stipulated that reasons must be recorded in writing for not showing posting to any government servant and such reasons should be “compelling administrative reasons like non availability of post due to abolishment/up-gradation/down gradation, shifting in lieu of suspension, requirement of government servant to perform urgent confidential work in a post, unsuitability or inefficiency to work in the existing vacancy or for being utilized against temporary and leave vacancy etc”.
“Procedure is also shown to review orders of transfer by the Head of the Department where person displaced is not shown posting recording reasons in writing” the judge has added.