A division bench comprising Justices D K Singh and T M Nadaf, while disposing of a writ appeal filed by Chethan S, an assistant executive engineer at BESCOM, observed that decisions on transfers and postings should be handled at the departmental level.
“The highest authority of the State should not devote time to such matters nor interfere with transfers and postings of employees working within the government and its undertakings,” the bench noted in its March 9 judgment.
The court further said that requests for transfers and postings should not be entertained directly by the Chief Minister’s Office. “The matter should end at the level of the department itself. The Hon’ble Chief Minister has better and more important work to perform than intervening in such issues,” it added.
During the hearing, the Chief Secretary submitted that communications from the Chief Minister’s Office are recommendatory in nature and do not constitute transfer orders or approvals. He clarified that the concerned departments examine such recommendations in accordance with cadre rules, recruitment norms and general transfer guidelines issued by the Department of Personnel and Administrative Reforms.
The bench disposed of the appeal with these observations.
