Karnataka High Court Directs Departments to Handle Routine Transfers, Not CM Office
The Karnataka High Court has issued a significant observation regarding the handling of government employee transfers and postings, stating that such routine administrative matters should not be directly entertained by the Chief Minister's Office (CMO). A division bench comprising Justices DK Singh and TM Nadaf emphasized that these service matters must be processed and decided at the departmental level to maintain proper administrative procedures.
Case Background: Bescom Engineer's Transfer Appeal
The court made this observation while disposing of a writ appeal filed by S Chethan, an assistant engineer (electrical) working with Bangalore Electricity Supply Company (Bescom). Chethan, who was originally posted in the Whitefield division, had filed multiple petitions between 2022 and 2024 challenging his transfer and requesting consideration for a mutual transfer with another engineer.
His petitions were supported by a recommendation from the Chief Minister's Office, but a single bench had dismissed them in September 2024, directing him to report to Bescom's east division-12. The high court's division bench reviewed this appeal and broader administrative patterns.
Court's Concerns About CMO Influence
The bench noted that it has encountered several instances where letters or approvals issued from the Chief Minister's Office appeared to influence transfers of Group B and C employees. In some cases, these communications seemed to override decisions made by competent departmental authorities, creating potential administrative irregularities.
"Transfers and postings should remain within the domain of administrative departments," the court stated, adding that "the highest executive authority of the state should not devote time or interfere in such routine service matters."
Chief Secretary's Clarification on CMO Role
During the appeal proceedings, the Chief Secretary submitted an affidavit clarifying the official position regarding CMO communications. According to this clarification:
- Communications from the Chief Minister's Office are merely recommendatory in nature
- They do not constitute formal transfer orders or approvals
- Final decisions rest entirely with the concerned departments
- Departments must assess such requests according to established Cadre and Recruitment Rules
- General transfer guidelines issued by the Department of Personnel and Administrative Reforms (DPAR) must be followed
Administrative Autonomy and Proper Procedures
The court's ruling reinforces the principle that routine administrative matters should follow established departmental channels rather than being influenced by political offices. By directing that transfers and postings be handled at appropriate administrative levels, the judgment aims to:
- Ensure proper application of recruitment and transfer rules
- Maintain administrative autonomy and efficiency
- Prevent potential irregularities in personnel management
- Allow the Chief Minister's Office to focus on broader governance issues
This decision comes as part of the court's broader effort to streamline administrative processes and ensure that government operations follow established rules and procedures without unnecessary external influence on routine matters.
