BENGALURU: Despite circulars, frequent transfers Government employee Showing no posts Karnataka High Court A recent order has been observed directing the state government to strictly adhere to the circular issued on March 27, 2017.
justice Sunil Dutt Yadav This instruction was given while canceling the transfer of the idol, a chief officer of the Hanur Municipal Council. Chamarajanagar District ,
The judge also noted that Marun PrasadIn this case, the High Court has already held that unless the place of posting is shown to an employee in whose place another employee has been transferred, there will be no vacancy.
Murthy was transferred on 23 December 2021 without giving any posting. A Parashivaiya, who had a letter of recommendation issued by the MLA, was posted in place of Murthy.
Finally, on July 20, 2022, when Murthy’s petition was pending before the High Court, he was asked to report against a vacant post in the Municipal Council at Ullal in Dakshina Kannada district.
Allowing Murthy’s plea, Justice Sunil Dutt Yadav further observed that the circular dated March 27, 2017 also said that the reasons for not showing posting to any government servant should be recorded in writing and such reasons “The constrained must be due to administrative reasons such as non-availability of the post./upgradation/downgradation, transfer in lieu of suspension, immediate requirement of a Government servant to do confidential work in a post, unfitness or incapacity to work in the existing vacancy or To be used against temporary and leave vacancy etc”.
“Procedure is also shown by the head of the department for review of transfer orders where the displaced person is not shown giving reasons in writing,” the judge said.
justice Sunil Dutt Yadav This instruction was given while canceling the transfer of the idol, a chief officer of the Hanur Municipal Council. Chamarajanagar District ,
The judge also noted that Marun PrasadIn this case, the High Court has already held that unless the place of posting is shown to an employee in whose place another employee has been transferred, there will be no vacancy.
Murthy was transferred on 23 December 2021 without giving any posting. A Parashivaiya, who had a letter of recommendation issued by the MLA, was posted in place of Murthy.
Finally, on July 20, 2022, when Murthy’s petition was pending before the High Court, he was asked to report against a vacant post in the Municipal Council at Ullal in Dakshina Kannada district.
Allowing Murthy’s plea, Justice Sunil Dutt Yadav further observed that the circular dated March 27, 2017 also said that the reasons for not showing posting to any government servant should be recorded in writing and such reasons “The constrained must be due to administrative reasons such as non-availability of the post./upgradation/downgradation, transfer in lieu of suspension, immediate requirement of a Government servant to do confidential work in a post, unfitness or incapacity to work in the existing vacancy or To be used against temporary and leave vacancy etc”.
“Procedure is also shown by the head of the department for review of transfer orders where the displaced person is not shown giving reasons in writing,” the judge said.