Karnataka High Court
Mallappa G vs Karnataka Power Transmission ... on 15 December, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2023:KHC:45832
WP No. 24192 of 2023 AND
CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION No.24192 OF 2023 (S-TR)
C/W
WRIT PETITION No.24222 OF 2023 (S-TR),
WRIT PETITION No.24225 OF 2023 (S-TR),
WRIT PETITION No.24181 OF 2023 (S-TR),
WRIT PETITION No.24327 OF 2023 (S-TR),
WRIT PETITION No.24867 OF 2023 (S-TR),
WRIT PETITION No.24996 OF 2023 (S-TR),
WRIT PETITION No.26923 OF 2023 (S-RES)
IN W.P.No.24192/2023:
BETWEEN:
B.NARAYANASWAMY,
S/O LATE T.M.BISAPPA,
Digitally
AGED ABOUT 52 YEARS,
signed by WORKING AS EXECUTIVE ENGINEER,
KIRAN
KUMAR R OPERATIONS & MAINTENANCE,
Location: R.R.NAGAR DIVISION, BESCOM,
HIGH BANGALORE-560 026.
COURT OF
KARNATAKA ...PETITIONER
(BY SMT.M.L.SUVARNA, ADVOCATE)
AND:
1 KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR,
HEAD OFFICE, CAUVERY BHAVAN,
K.G.ROAD, BENGALURU-560 009.
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NC: 2023:KHC:45832
WP No. 24192 of 2023 AND
CONNECTED MATTERS
2. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
REPRESENTED BY ITS DIRECTOR (ADMIN & HR)
HEAD OFFICE, CAUVERY BHAVAN,
K.G.ROAD, BENGALURU-560 009.
3. BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR
CORPORATE OFFICE, K.R. CIRCLE,
BENGALURU-560 001.
4. SHRI.GANGADHAR.B
MAJOR BY AGE,
WORKING AS EXECUTIVE ENGINEER (ELEC)
220 K.V. STATION, HSR LAYOUT,
KPTCL, BANGALORE -560 073.
...RESPONDENTS
(BY SMT.D.J.RAKSHITHA, ADVOCATE FOR R-1 & R-2;
SRI.B.L.SANJEEV, ADVOCATE FOR R-3;
SRI.N.DEVHADASS, SENIOR COUNSEL FOR
SMT.K.S.ANUSUYADEVI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH OFFICIAL MEMORANDUM BEARING
No.KAVIPRANINI/OOPRAVYAH ©/VYA(AA)(B100)/115/2023
DATED 31/10/2023 (UNDER ANNEXURE-D TO THE WP) ISSUED
BY THE R-2 IN SO FAR AS THE PETITIONER AND R-4 ARE
CONCERNED (AT SL.No.33)BY ISSUE OF A WRIT IN THE
NATURE OF CERTIORARI AND GRANT ALL CONSEQUENTIAL
BENEFITS, ETC.
IN W.P.No.24222/2023:
BETWEEN:
SRI.M.SUBHASH MUTHU,
S/O MUNISWAMY SHETTYAR.B.,
AGED ABOUT 57 YEARS,
WORKING AS ASSISTANT EXECUTIVE
ENGINEER (ELE)
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NC: 2023:KHC:45832
WP No. 24192 of 2023 AND
CONNECTED MATTERS
LT RATING, BESCOM,
JAYANAGAR SUB-DIVISION,
BANGALORE-560 070.
...PETITIONER
(BY SRI.YOBESHB.KOTEMATH., ADVOCATE)
AND:
1. THE MANAGING DIRECTOR,
KPTCL, CORPORATE OFFICE, KAVERI BHAWAN,
BANGALORE -560 009.
2. THE GENERAL MANAGER,
(ADMINISTRATION & HUMAN RESOURCES)
CORPORATE OFFICE, BESCOM,
K.R.CIRCLE, BANGALORE-560 009.
3. THE EXECUTIVE ENGINEER (ELE)
METER TESTING DIVISION, BMAZ SOUTH,
HSR LAYOUT, 2ND SECTOR, BANGALORE-560 102.
4. SMT.VINAY KUMAR.K
FATHER'S NAME NOT KNOWN TO PETITIONER,
AGED ABOUT 35 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
KORAMANGALA WORKS UNIT,
BESCOM, BANGALORE-560 034.
...RESPONDENTS
(BY SMT.RAKSHITHA.D.J., ADVOCATE FOR R-1 TO R-3;
SRI.H.C.SHIVARAMU, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE TRANSFER ORDER DATED 31/10/2023 BEAROMG
Mp.KAVIPRANINI/UPRAVYA (C)/VYA(C1)(B58)/26/2023 VIDE
ANNEXURE-E PASSED THE R-1 AUTHORITY IN SO FAR AS
POSTING OF THE R-4 AND THE PETITIONER ARE CONCERNED
AT SL.No.104 AND 105 RESPECTIVELY, ETC.
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WP No. 24192 of 2023 AND
CONNECTED MATTERS
IN W.P.No.24225/2023:
BETWEEN:
C.M.PANDITHARADHYA,
S/OC.M.BASAVARAJAIAH,
AGED ABOUT 46 YEARS,
WORKING AS ASSISTANT EXECUTIVE
ENGINEER (ELE),
O & M SUB-DIVISION, BESCOM,
TELAGI, HARAPANAHALLI TALUK,
VIJAYANAGAR DISTRICT-583 137
NOW UNDER OF TRANSFER AS
ASSISTANT EXECUTIVE ENGINEER (ELE.)
220 KV ELECTRICITY RECEIVING STATION,
KPTCL, HIRIYUR,
CHITRADURGA DISTRICT-577 598.
...PETITIONER
(BY SRI.YOGESH.V.KOTEMATH., ADVOCATE)
AND:
1. THE DIRECTOR,
(ADMINISTRATION & HUMAN RESOURCES)
KPTCL, CORPORATE OFFICE, KAVERI BHAWAN,
BANGALORE-560 009.
2. THE GENERAL MANAGER,
(ADMINISTRATION & HUMAN RESOURCES)
CORPORATE OFFICE, BESCOM,
K.R.CIRCLE, BANGALORE-560 009.
3. THE EXECUTIVE ENGINEER (ELE)
O & M DIVISION, BESCOM,
HARIHARA-577 601.
4. PRAKASH PATTENOOR
FATHER'S NAME NOT KNOWN TO
PETITIONER
AGED ABOUT 45 YEARS,
WORKING AS ASSISTANT EXECUTIVE
ENGINEER (ELE) O & M SUB-DIVISION,
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NC: 2023:KHC:45832
WP No. 24192 of 2023 AND
CONNECTED MATTERS
GESCOM, KUDLIGI,
VIJAYNAGAR DISTRICT-583 135.
...RESPONDENTS
(BY SMT. RAKSHITHA.D.J., ADVOCATE FOR R-1 TO R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE TRANSFER ORDER DATED 31/10/2023 BEAROMG
Mp.KAVIPRANINI/UPRAVYA (C)/VYA(C1)(B58)/26/2023 VIDE
ANNEXURE-E PASSED THE R-1 AUTHORITY IN SO FAR AS
POSTING OF THE R-4 AND THE PETITIONER ARE CONCERNED
AT SL.No.113 AND 114 RESPECTIVELY, ETC.
IN W.P.No:24181/2023:
BETWEEN:
MALLAPPA.G.
S/O LATE TUKKAPPA,
AGED ABOUT 53 YEARS,
WORKING AS ASSISTANT EXECUTIVE ENGINEER
OPERATIONS & MAINTENANCE DIVISION OFFICE,
WHITEFIELD, BESCOM,
BANGALORE-560 001.
...PETITIONER
(BY SMT.M.L.SUVARNA., ADVOCATE)
AND:
1. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR,
HEAD OFFICE, CAUVERY BHAVAN,
K.G.ROAD, BENGALURU-560 009.
2. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
REPRESENTED BY ITS DIRECTOR (ADMIN & HR)
HEAD OFFICE, CAUVERY BHAVAN,
K.G.ROAD, BENGALURU-560 009.
3. CHAMUNDESHWARI ELECTRICITY SUPPLY
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WP No. 24192 of 2023 AND
CONNECTED MATTERS
COMPANY LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE, MYSORE.
4 SMT.SEEMA.H.L.
MAJOR BY AGE,
WORKING AS ASSISTANT EXECUTIVE
ENGINEER (ELEC)
LT RATING, SUB-DIVISION 2,
CESCOM, MYSORE.
...RESPONDENTS
(BY SMT.D.J.RAKSHITHA, ADVOCATE FOR R-1 TO R-3;
SRI.V.B.VIJAYKUMAR, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE OFFICIAL MEMORANDUM BEARING
No.KAVIPRANINI/OOPRAVVYAH (C)/VYA(C1)(B58/26/2023
DATED 31.10.2023 UNDER ANNEXURE-K TO THE WRIT
PETITION ISSUED BY THE R-2 IN SO FAR AS THE PETITIONER
AND R-4 ARE CONCERNED (AT SL.No.126 AND 127) AND
GRANT ALL CONSEQUENTIAL BENEFITS, ETC.
IN W.P.No.24327/2023:
BETWEEN:
SRI.POORNA CHANDRA THEJASWI.R.
S/O R.M.RAMAIAH,
AGED 41 YEARS,
PRESENTLY WORKING AS
EXECUTIVE ENGINEER (ELECTRICAL)
O & M DIVISION, N.R.MOHALLA,
CESCOM, MYSURU-570 017.
...PETITIONER
(BY SRI.CHANDRASHEKAR.L., ADVOCATE)
AND:
1. THE DIRECTOR,
ADMINISTRATIVE AND HUMAN RESOURCES
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NC: 2023:KHC:45832
WP No. 24192 of 2023 AND
CONNECTED MATTERS
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
CORPORATE OFFICE, KAVERI BHAVAN,
K.G.ROAD, BENGALURU-560 009.
2. CHAMUNDESHWARI ELECTRICITY
SUPPLY CORPORATION LIMITED
CORPORATE OFFICE,
CESC, MYSURU-570 017
BY ITS MANAGING DIRECTOR.
3. SRI.SHIVA KUMAR.K.B.,
S/O NOT KNOWN TO THIS PETITIONER,
AGED ABOUT 42 YEARS,
PIN-13672 WORKING AT
O & M CIRCLE OFFICE, CHESCOM,
MYSURU-570 017.
...RESPONDENTS
(BY SMT.RAKSHITHA.D.J., ADVOCATE FOR R-1 AND R-2;
SRI.K.N.NITISH, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, QUASH THE
ORDER DATED:31.10.2023 VIDE
NO.KAVIPRANINI/UPRAYAA(AA)(B100)/115/2023 PASSED BY
THE R-1, PRODUCED AT ANNEXURE-A IN RESPECT OF
PETITIONER AT SL.No.34, ETC.
IN W.P.No.24867/2023:
BETWEEN:
SMT.AARTHI.C,
W/O GOVINDHANAIK,
AGED ABOUT 43 YEARS,
ASSISTANT EXECUTIVE ENGINEER (15053)
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
TA & QC, DAVANAGERE
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NC: 2023:KHC:45832
WP No. 24192 of 2023 AND
CONNECTED MATTERS
R/A No.3682/A74, 1ST MAIN,
8TH CROSS, TARALABALU BADAVANE,
DAVANAGERE-577 004.
...PETITIONER
(BY SRI.CHANDRAKANTH.R.GOULAY., ADVOCATE)
AND:
1. THE KARNATAKA POWER TRANSMISSION,
CORPORATION LIMITED
REPRESENTED BY MANAGING DIRECTOR,
KAVERI BHAVAN,
K.G.ROAD, BENGALURU-560 009.
2. THE DIRECTOR ( A&HR)
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
KAVERI BHAVN, K.G.ROAD,
BENGLAURU-560 009.
3. SRI.ASIFULLAH.D.R,
MAJOR,
ASSISTANT EXECUTIVE ENGINEER(14699)
400 KV RECEIVING STATION,
KPTCL, HIREMALLANAHOLE,
JAGULUR TALUK,
DAVANAGERE-577 528.
...RESPONDENTS
(BY SMT.RAKSHITHA.D.J., ADVOCATE FOR R-1 & R-2;
SRI.S.V.PRAKASH, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER BEARING
No.KPTCL/UPRAUY(c)/VY(C1)(B58)/26/2023 DATED
31.10.2023 VIDE ANNEXURE-D ISSUED BY THE R-2 IN SO FAR
AS THE APPLICANT AT SL.No.55 AND THE R-2 AT SL.No.54 ARE
CONCERNED, WITH A DIRECTION TO CONTINUE THE
PETITIONER AS ASSISTANT EXECUTIVE ENGINEER, TA AND
QC, KPTCL, DAVANAGERE, ETC.
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WP No. 24192 of 2023 AND
CONNECTED MATTERS
IN W.P.No.24996/2023
BETWEEN:
SMT.ANITHA.B.T.
W/O YOGEESH.P.
AGED AOBUT 39 YEARS,
PRESENTLY WORKING AS
EXECUTIVE ENGINEER (ELECTRICAL)
R T DIVISIONAL, KPTCL,
HASSAN-573 201.
...PETITIONER
(BY SRI.CHANDRASHEKAR.L., ADVOCATE)
AND:
1. THE DIRECTOR
ADMINISTRATIVE AND HUMAN RESOURCES
KARNATAKA POWER TRANSMISSION
CORPORATIONLIMITED
CORPORATE OFFICE, KAVERI BHAVAN,
K.G.ROAD, BENGALURU-560 009.
2. CHAMUNDESHWARI ELECTRICITY
SUPPLY CORPORATION LIMTIED,
CORPORATE OFFICE,
CESC, MYSURU-570017
BY ITS MANAGING DIRECTOR.
3. SMT.AMBIKA.R
W/O NOT KNOWN TO THIS PETITIONER,
AGED ABOUT 41 YEARS,
WORKING AT O & M DIVISION,
CHANNARAYAPATNA, CHESCOM,
HASSAN-573 116.
...RESPONDENTS
(BY SMT.RAKSHITHA.D.J., ADVOCATE FOR R-1 & R-2;
SRI.RAGHAVENDRA.H.S. ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED:31.10.2023 VIDE No.KA VI PRA NI
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NC: 2023:KHC:45832
WP No. 24192 of 2023 AND
CONNECTED MATTERS
I/U PRA YAA (AA) (B109)/115/2023 PASSED BY THE R-1
PRODUCED AT ANNEXURE-A IN RESPECT OF PETITIONER AT
SL.No.28, ETC.
IN W.P.No:26923/2023:
BETWEEN:
SRI.KESHAVA MURTHY.C.M.,
S/O MANCHAIAH,
AGED 43 YEARS,
ASSISTANT EXECUTIVE
ENGINEER, (ELECTRICAL)
O & M SUB DIVISION,
CHESCOM, VV MOHALLA,
MYSURU-570 002.
...PETITIONER
(BY SRI. CHANDRASHEKAR.L., ADVOCATE)
AND:
1. THE DIRECTOR
ADMINISTRATIVE AND HUMAN RESOURCES
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
CORPORATE OFFICE,
KAVERI BHAVAN, K.G.ROAD,
BENGALURU-560 009.
2. CHAMUNDESHWARI ELECTRICITY SUPPLY
CORPORATION LIMITED,
CORPORATE OFFICE,
CESC, MYSURU-570 017
BY ITS MANAGING DIRECTOR.
3. SHRI.B.DEEPAK,
S/O NOT KNOW TO THIS PETITIONER,
AGED 40 YEARS,
R/AT WORKING AT O & M CHESCOM,
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NC: 2023:KHC:45832
WP No. 24192 of 2023 AND
CONNECTED MATTERS
SUB-DIVISION,
SARGURU, H.D.KOTE,
MYSORE-571 114.
...RESPONDENTS
(BY SMT.RAKSHITHA.D.J., ADVOCATE FOR R-1 & R-2;
SRI.CIJAY KUMAR, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 31/10/2023 VIDE
NO.KAVIPRANINI/UPRAYAA(C)/VYA (C1) (B58)26/2023
PASSED BY THE R1, PRODUCED AT ANNEXURE-A IN RESPECT
OF PETITIONER No.SL.No.134, ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners have filed these Writ Petitions being aggrieved by the order dated 31.10.2023, by which the postings that they currently hold are sought to be disturbed, and the respective contesting private respondents are ordered to be posted in their places by way of transfer.
2. The details of the petitioners in the present petitions are summarised hereunder:
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS PETITION DETAILS TRANSFER DETAILS OF EACH PETITIONER W.P.24192/2023 Initially took charge as an Executive Engineer on 04.03.2021. Transferred from the post of Executive Engineer (Elec.), O&M Division, RR Nagar, BESCOM, Bangalore, and has not been assigned any post.
W.P.24181/2023 Initially took charge as an Asst. Executive Engineer, O&M Division Office, Whitefield, BESCOM on 14.06.2021. Transferred to LT Ratings Sub-division II, CESCOM, Mysore. W.P.24222/2023 Initially appointed as a Meter Reader and later promoted to the post of an Asst. Executive Engineer in 2021 at LT Rating, BESCOM, Jayanagar Dub-division, Bangalore. Transferred to Koramangala Work Unit, BESCOM.
W.P.24225/2023 Initially appointed as an Asst. Executive Engineer, KPTCL on 30.04.2007, before being transferred to Vijaynagar vide order dt. 03.07.2023. Transferred from the post of an Asst. Executive Engineer, O&M Division, BESCOM, Telagi, Vijayanagar District, to that of an Asst. Executive Engineer, KPTCL, Hiriyur, Chitradurga. W.P.24327/2023 Initially appointed as an Asst. Executive Engineer on 14.02.2007 and promoted to the post of an Executive Engineer in 2018 before being transferred to Mysore vide order dt. 20.06.2022. Transferred from the post of an Executive Engineer (Elecl.), O&M Division, CESCOM, N.R. Mohalla, Mysore, and has not been assigned any post.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS W.P.24996/2023 Initially appointed as an Executive Engineer (Elecl.), R T Division, KPTCL, Hassan vide order dt. 16.04.2018, and transferred to O&M Division, CESCOM, Channarayapatna.
W.P.24867/2023 Initially appointed as Asst. Engineer on promotion since 2013. Transferred from TA & QC, KPTCL Davangere to 400 KV Station, KPTCL, Hiremallanahalli, Jagalur. W.P.26923/2023 Initially appointed as Asst. Engineer on 30.04.2007 and promoted as Asst.
Executive Engineer in 2012, O&M Sub-
Division, V.V. Mohalla, Mysore.
Transferred and has not been assigned any post.
3. The Government issued an Order dated 07.06.2013 stipulating the Guidelines regarding the transfer of Government servants. This Government Order was issued since it was found expedient to regulate the transfer of Government servants and to ensure their continuance for a reasonable period so that they are given real exposure to the activities of the Department and deliver the results /
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS outcomes as envisaged. This Government Order was also issued based on the recommendations of the Karnataka Administrative Reforms Commission and was aimed to bring in more transparency and accountability in administration.
4. The Guidelines issued came into effect from the year 2013-14. Clause 2 of the Government Order declared that general transfers should be made in the months of May and June every year and it also made clear that no Government servant should be considered for transfer or deputation, except in the circumstances and the manner specified in the order. For the year 2013-14, general transfers were ordered to be made before 30.06.2013. It is not in dispute that this Government Order subsists even as on today.
5. It may be pertinent to state here that a Full Bench of this Court in the case of Gangadharaiah S.N.1 has declared that this Government Order has acquired the 1 Gangadharaiah S.N. v. the State of Karnataka, ILR 2015 Kar 1955.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS force of a statute and an employee can seek enforcement of the terms of this Government Order.
6. Under this Government Order, the competent authority is empowered to make transfers or deputations and a competent authority has been defined to mean the appointing authority or such other authority authorised to make transfer or deputation.
7. Clause 4(a) mandates that the transfers should be done in a transparent manner and as far as possible, through Counselling, on the basis of requests. Preference is required to be given to the length of the service of such Government servant in a particular place and also by considering various aspects as indicated in the order.
8. Clause 5 imposes a restriction on transfer and declares that the number of Government servants transferred or deputed shall be kept to a bare minimum and ordinarily, the number of Government servants
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS subjected to transfer or deputation, in any year, shall not exceed 6%.
9. Clause 6 casts certain responsibilities on the competent authority in the matter of effecting transfers or deputations. This clause may not be relevant for this Writ Petition and hence, is not considered.
10. Clause 7 of the Government Order reads as follows -
"7. The transfers should not be considered beyond the month of June, except in the following circumstances by the competent authority:-
(i) Where transfer/ deputation of a Government servant is considered instead of placing him under suspension;
(ii) Where new offices/posts are created or posts have fallen vacant due to retirement, promotion, resignation, reversion, dismissal, death, compulsory retirement or when a direct recruit is to be posted on his first appointment or a promotee has to be posted on promotion or due to any unforeseen circumstances and when the posts are required to be filled immediately;
(iii) Where the transfer is necessitated in particular cases, only due to exceptional
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS circumstances or special reasons, restricting the number of such annual transfers to minimum after recording reasons for the same in writing. Such cases shall be submitted to the Chief Minister without fail and transfer shall be made after obtaining prior approval of the Chief Minister.
(iv) The facility of mutual transfer / deputation shall be extended to the Government servant only once in his service, and
(v) Where prima facie a complaint of serious nature is received or leveled against a Government servant to the satisfaction of the Mead of the Department after ascertaining that Articles of charges/ Charge sheet have been issued to him or permission has been given for his prosecution in a competent Court of Law."
11. As could be seen from Clause 7, there is an unequivocal declaration that the transfers should not be considered beyond the month of June, except in the five circumstances narrated therein.
12. For the purposes of this petition, the only circumstance narrated in the Government Order, which enables a transfer to be effected beyond June, 2013, is when a transfer is necessitated in particular cases, only
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS due to exceptional circumstances or special reasons, and the number of such annual transfers are to be restricted to a minimum after recording reasons for the same in writing. However, in such a case, the Government Order stipulates that the same should be submitted to the Chief Minister without fail, and the transfer should be made only after obtaining prior approval of the Chief Minister.
13. Thus, if a transfer is to be considered beyond the month of June under sub-clause (iii), i.e., when the transfer would have to be made only under exceptional circumstances, special reasons are necessarily to recorded and that too, in writing. It is, therefore, mandatory that if a transfer is sought to be effected after June, the exceptional circumstances or the special reasons necessitating the said transfer are to be recorded in writing, and thereafter, they are required to be submitted to the Chief Minister without fail and the transfer can be effected only after the prior approval is granted.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS
14. Clause 8 indicates the minimum period of stay that a Government servant is entitled to, on being transferred or posted to a particular place.
15. Clause 9 deals with premature or delayed transfer. Said clause is reproduced for understanding the full import of the Government Order:
"9. Premature / delayed Transfer a. Generally there should be no premature transfers. The tenure of posting of a Government servant may be extended or reduced by the Competent Authority in the following cases after recording the reasons for the same in writing. The minimum period of stay at a place as prescribed in para 8 can be reduced and the concerned Government servant transferred prematurely if the competent authority feels that he or she is not suitable for discharging the duties at the present place and the reasons are recorded to this effect in writing;
(i) The employee due for transfer after completion of tenure at a place or posting or post has less than two years of service for retirement;
(ii) The employee possesses special : technical qualifications or experience for the particular job for
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS which a suitable replacement is not immediately available;
(iii) The employees working on a project or Flagship programmes of Government of India which are in the crucial stage of implementation and his withdrawal will seriously jeopardize timely completion of such projects;
(iv) Where both the spouses are Government servants and if one of the spouses is transferred, then the other spouse may also be transferred to the same place or nearby place depending upon the availability of vacancy even if one of them has not completed the minimum period of stay;
(v) Where a female Government servant is a widow / spinster/ unmarried divorcee, she may be transferred and in case she is appointed for the first time, may be posted to a place of her choice subject to availability of vacancy;
(vi) Where a Government servant is an office- bearer of the Karnataka State Government Employees Association only, such Government servant shall not be transferred until the completion of the term for which he has been elected. In case no elections are held within three months of the completion of the said term, he may be transferred. In case he is reelected, he may be continued in the same place until the completion of the second term only.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS
(vii) Where a Government servant is physically handicapped / challenged or disabled subject to certification by the Medical Board;
(viii) Where a Government servant or his / her spouse or children are suffering from serious or terminal ailments, depending upon the availability of the facility of medical treatment at the requested place subject to certification by the Medical Board;
b. However, before effecting any premature transfers and for making any transfer after the transfer period, and also for extending the tenure of a Government servant for the reasons stated above, prior approval of the Hon'ble Chief Minister must be obtained without fail by the concerned Administrative Department of the Secretariat. The Principal Secretaries / Secretaries to Government should not under any circumstances issue transfer orders and later seek ratification/ post facto approval of the Chief Minister."
16. The first part of Clause 9 i.e., Clause 9 (a) states that generally, there should be no premature transfers. Thus, as a normal Rule, no premature transfers can be effected. It is, however, stated that a tenure of posting of a Government servant could either be extended or be reduced by the competent Authority in the 8 cases narrated therein. This extension or reduction of tenure
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS can, however, be done in the 8 cases, only after recording reasons in writing. It is, therefore, clear that even for extending or reducing the tenure of a Government servant, it is mandatory for the competent Authority to record the reasons in writing.
17. The second part of clause 9 (a) states that the minimum period of stay at a place, as prescribed in Clause 8, can be reduced and the Government servant can be transferred prematurely if the competent Authority feels that he/she is not suitable for discharging the duties at their present place. However, this is also subject to the condition that reasons are recorded to that effect, in writing.
18. It is, therefore, clear from a plain reading of Clause 9
(a) that normally, there shall be no premature transfers and even if there is a requirement of extending or reducing a tenure of Government servant, reasons are to be necessarily recorded in writing.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS
19. It may be noticed here that Clause 9, though begins with a heading Premature/delayed transfer, they would not be applicable in respect of transfers which are effected beyond the month of June, since Clause 7 of the Government Order would be the relevant Clause and not Clause 9.
20. Clause 9 basically deals with the power conferred on the competent Authority to either extend or reduce the tenure and it does not really indicate the manner in which the transfers are to be effected after June i.e., the prescribed outer period of transfer. However, assuming that Clause 9 would apply even in respect of delayed transfer, the significant factor that has to be noticed is that even under Clause 9, the competent Authority is required to record reasons for either reducing or extending the tenure of a Government servant. In fact, if reduction of tenure is warranted on the ground that the competent Authority feels that the incumbent is not suitable for
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS discharging of duties at the present place, reasons are to be recorded in writing.
21. Thus, the ultimate intent of the Government Order is that the tenure of an employee is assured and only in extraordinary circumstances, as are clearly stipulated in the very Government Order, can a transfer be made beyond the transfer period and the tenure of a Government servant already posted to a place can either be reduced or extended.
22. As could be seen from the 8 reasons stated in Clause 9(a), the reasons under which the tenure can be extended or reduced are basically exceptional circumstances and a tenure can neither be extended nor be reduced for the mere asking. In other words, unless the specific conditions contemplated in the eight sub-clauses are clearly forthcoming in the case of an employee, the competent Authority would not get the jurisdiction to either extend or reduce the tenure.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS
23. A conjoint reading of Clause 7 and 9, makes one thing clear and that is - a transfer should not be made beyond the period fixed by the Government and even if there is a genuine requirement to effect a transfer beyond the period stipulated or to reduce or increase the tenure, the procedure indicated therein would have to be necessarily followed.
24. The necessity of recording reasons whenever a transfer is made beyond the period fixed for effecting transfers or for increasing or reducing the extent of tenure is an absolute must and the reasons that are recorded should be furnished for the perusal of the Hon'ble Chief Minister, and only if he were to grant approval can an order of transfer be issued. Thus, unless reasons for effecting transfer or for reducing or increasing the tenure are not recorded in writing and an approval for the transfer is not obtained, the competent Authority would not possess the jurisdiction to effect the transfer.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS
25. The facts relating to the petitioners would have to, therefore, be analysed in light of the above legal position.
26. The respondent - Karnataka Power Transmission Corporation Limited (for short, "the KPTCL") has filed a Memo enclosing the E-file (note-sheet) relating to the transfers effected under the impugned order.
27. Note No.1 records the fact that the period of transfer had been extended and transfers in respect of Engineers had been affected under an order dated 03.07.2023 and thereafter, the Department of Energy and the Office of the KPTCL had received several requests for transfer. It would be useful to reproduce the exact notings made in this regard.
"Note # 1 ¸ÀPÁðgÀzÀ 2023£Éà ¸Á°£À ¸ÁªÀðwæPÀ ªÀUÁðªÀuÉ ªÀiÁUÀð¸ÀÆaAiÀÄAvÉ ªÀiÁ£À EAzsÀ£À ¸ÀaªÀgÀ C£ÀĪÉÆÃzÀ£ÉAiÀÄ ªÉÄÃgÉUÉ ¤UÀªÀÄzÀ C¢üPÀÈvÀ eÁÕ¥À£À ¸ÀASÉå:PÀ«¥À椤/©100/47788/2023-24/03 ¢£ÁAPÀ:03.07.2023 gÀ°è PÁAiÀÄð¤ªÁðºÀPÀ EAf¤AiÀÄgï(«/PÁ) ªÀUÁðªÀuÉ gÀªÀgÀÄUÀ¼À ¸ÀASÉå: gÀ°è DzÉñÀªÀ£ÀÄß ªÀÄÄAzÀĪÀgÉzÀÄ,
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS PÁAiÀÄð¤ªÁðºÀPÀ EAf¤AiÀÄgï(«/PÁ) gÀªÀgÀÄUÀ¼À ªÀUÁðªÀuÉ DzÉñÀªÀ£ÀÄß ºÉÆgÀr¸À¯ÁVgÀÄvÀÛzÉ.
ªÀÄÄAzÀĪÀgÉzÀÄ, PÁAiÀÄð¤ªÁðºÀPÀ EAf¤AiÀÄgï(«/PÁ) gÀªÀgÀÄUÀ¼À ªÀUÁðªÀuÉUÉ ¸ÀA§A¢ü¹zÀAvÉ ªÀiÁ£Àå EAzsÀ£À ¸ÀaªÀgÀ PÀZÉÃjAiÀÄ°è ºÁUÀÆ ¤UÀªÀÄ PÁAiÀiÁð®AiÀÄzÀ°è ¹éÃPÀÈvÀªÁVgÀĪÀ, ªÀiÁ£Àå ªÀÄÄRå ªÀÄAwæUÀ¼ÀÄ, ªÀiÁ£Àå ¸ÀaªÀgÀÄ, ªÀiÁ£Àå ¯ÉÆÃPÀ¸À¨sÁ ¸ÀzÀ¸ÀågÀÄUÀ¼ÀÄ, ªÀiÁ£Àå ±Á¸ÀPÀgÀÄ ªÀÄvÀÄÛ ¸ÀéAvÀ PÉÆÃjPÉ ²¥sÁgÀ¸ÀÄì ¥ÀvÀæUÀ¼À£ÀÄß ¹zÀÝ¥Àr¹gÀĪÀ ªÀUÁðªÀuÉ ¥À¸ÁÛªÀ£ÉAiÀÄ£ÀÄß ªÀiÁ£ÀågÀ CªÀUÁºÀ£É ¸À°è¹zÉ.
¥Àæ¸ÀÄÛvÀ, ¸ÁªÀðwæPÀ ªÀUÁðªÀuÉ ¥ÀæQæAiÉÄAiÀÄÄ ªÀÄÄPÁÛAiÀĪÁVgÀĪÀ »£É߯ÉAiÀÄ°è, ¸ÀzÀj PÁAiÀÄð¤ªÁðºÀPÀ EAf¤AiÀÄgï(«/PÁ)gÀªÀgÀÄUÀ¼À ªÀUÁðªÀuÉ ¥Àæ¸ÁÛªÀ£ÉAiÀÄ£ÀÄßö ªÀiÁ£Àå EAzsÀ£À ¸ÀaªÀgÀ ªÀÄÄSÁAvÀgÀ ªÀiÁ£Àå ªÀÄÄRå ªÀÄAwæUÀ¼À C£ÀĪÉÆÃzÀ£ÉUÁV PÀqÀvÀªÀ£ÄÀ ß ¸À°è¹zÉ."
28. As could be seen from Note No. 1, the Department of Energy and the KPTCL had received representations requesting transfer orders and requests had also been received by the Chief Minister, Ministers, Lok Sabha, Members of the Parliament and Members of the Legislative Assembly, apart from specific individual requests and these requests were submitted by the Deputy General Manager on 29.09.2023, to the Director.
"29/09/2023 12:58 PM PRADEEP.K.E. DEPUTY GENERAL MANAGER
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS Note#2 PÀArPÉ-01 £ÀÄß CªÀUÁºÀ£ÉUÁV ¸À°è¹zÉ PÁAiÀÄð¤ªÁðºÀPÀ EAf¤AiÀÄgï(«/PÁ) gÀªÀgÀÄUÀ¼À ªÀUÁðªÀuÉ ¥Àæ¸ÁÛªÀ£ÉAiÀÄ£ÀÄß TOC C°è ®UÀwÛ¹zÀÄÝ, ¸ÀzÀj ¥Àæ¸ÁÛªÀ£ÉAiÀÄ£ÀÄß ªÀiÁ£Àå EAzsÀ£À ¸ÀaªÀgÀ ªÀÄÄSÁAvÀgÀ ªÀiÁ£Àå ªÀÄÄRå ªÀÄAwæUÀ¼À C£ÀĪÉÆÃzÀ£ÉUÁV PqÀgvÀÀªÀ£ÀÄß ¸À°è¹§ºÀÄzÀÄ."
29. The second Note indicates that the Director ordered the forwarding of the proposal to the Hon'ble Chief Minister for his approval, through the Minister of Energy.
30. The third Note is by the Management, which is to the effect that the Government and the KPTCL had received various proposals for transfer and they had been consolidated and examined, and since the transfer period notified by the DPAR had elapsed, all proposals for transfer had to go through the concerned Department and therefore, the proposal was being put up for the perusal of the Energy Minister, with a request to forward it to the Hon'ble Chief Minister for approval.
31. This note of the Director had met the approval of the Ministry of Energy and has also been approved by the
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS Hon'ble Chief Minister. To the said Note, an Annexure is appended, which contains the list of 2 Deputy General Managers, 52 Executive Engineers, 19 Assistant Executive Engineers, 14 Assistant Engineers and 7 Junior Engineers, who are required to be transferred.
32. As an illustration, the first few columns of this list of officers who are to be transferred, are reproduced to indicate that the requirement of recording transfers is not adhered to.
"C£ÀħAzsÀ-1 EAzsÀ£À E¯ÁSÉAiÀÄ F PɼÀPÀAqÀªÀgÀÄUÀ¼À£ÀÄß CªÀgÀ ºÉ¸Àj£À ªÀÄÄAzÉ ¸ÀÆa¹gÀĪÀ ¸ÀܼÀPÉÌ ªÀUÁð¬Ä¹ DzÉò¹zÉ.
ªÀÈAzÀ:G¥À ¥ÀæzsÁ£À ªÀåªÀ¸ÁÜ¥ÀPÀgÀÄ:EAzsÀ£À PÀæ. C¢üPÁj «ªÀgÀUÀ¼ÀÄ PÁAiÀÄ𠤪Àð»¸ÀÄwÛgÀĪÀ ªÀUÁðªÀuÉ ªÀiÁrzÀ ¸ÀܼÀ ¸ÀA. ¸ÀܼÀ 1 PÀgÀ.J¸ï.gÀWÀ PÁ ªÀÄvÀÄÛ ¥Á «¨sÁUÀ, G¥À ¥ÀæzsÁ£À 13700 ZÁ«¸À¤¤, ªÀåªÀ¸ÁÜ¥ÀPÀgÀÄ (PÁé°n & £ÁUÀªÀÄAUÀ® ¸É¦üÖ) ¤UÀªÀÄ PÁAiÀiÁð®AiÀÄ, ¨É¸ÁÌA (²æà r.JA.±À²PÁAvï EªÀgÀ eÁUÀPÉÌ)
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS 2 r.JA.±À²PÁAvï G¥À ¥ÀæzsÁ£À C¢üÃPÀëPÀ C©üAiÀÄAvÀgÀgÀ ªÀåªÀ¸ÁÜ¥ÀPÀgÀÄ ºÀÄzÉÝAiÀÄ£ÀÄß ¤«ÄßPÀj¹ (PÁé°n & ¸É¦üÖ) ¤UÀªÀÄ rJ¸ïJA, ¨É¸ÁÌA PÁAiÀiÁð®AiÀÄ, ¨É¸ÁÌA ºÀÄzÉÝUÉ ¤AiÀÄÄQÛUÉƽ¸ÀĪÀÅzÀÄ.
ªÀÈAzÀ:PÁAiÀÄ𠤪ÁðºÀPÀ EAf¤AiÀÄgï (EE): EAzsÀ£À PÀæ. C¢üPÁj «ªÀgÀUÀ¼ÀÄ PÁAiÀÄ𠤪Àð»¸ÀÄwÛgÀĪÀ ªÀUÁðªÀuÉ ªÀiÁrzÀ ¸ÀܼÀ ¸ÀA. ¸ÀܼÀ 1 «£ÀAiÀiï PÀ ªÀÄvÀÄÛ ¥Á «¨sÁUÀ ªÀÄÄAzÀĪÀgɸÀ¯ÁVzÉ PÀĪÀiÁgï.¦. ¨É«¸ÀPÀA, ºÀjºÀgÀ 13719 2 ±ÀAPÀgÀ n.J¯ï & J¸ï J¸ï PÁ & ¥Á «¨sÁUÀ, 13676 «¨sÁUÀ, PÀ«¥À椤, UÀÄ«¸ÀPÀA ¸ÉÃqÀA AiÀiÁzÀVÃgï 3 £ÀlgÁeï.ºÉZï.JA n.J¯ï & J¸ï J¸ï §ÈºÀvï PÁªÀÄUÁj «¨sÁUÀ, PÀ«¥À椤, «¨sÁUÀ §¼Áîj. °AUÀ¸ÀUÀÆgÀÄ
33. As could be seen from the above extract, not even in a single case has the competent Authority recorded reasons which necessitated the transfers, let alone specify the special or exceptional circumstances which warranted the transfers.
34. The entire process of transfer appears to have been initiated because several requests were received by the
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS Department of Energy, the KPTCL, Hon'ble Chief Minister, Ministers, Lok Sabha M.Ps., M.L.As. and voluntary requests. As already stated above, as per the terms of the Government Order, no transfers are to be normally effected after the period stipulated, and even if such transfers are to be made after the stipulated period of transfer, the specific procedure indicated in the Government Order is to be necessarily followed.
35. The KPTCL has also filed its statement of objections, in which it has stated has follows-
"7. It is submitted that the Respondent-KPTCL has received several requests for transfer of the Executive Engineers/ Assistant Executive Engineer cadre officers and the said requests have been consolidated and examined and upon such examination, considering the fact that the general period of transfer is over, the transfer proposals were sent across for approval of the Hon'ble Chief minister and it is only after receipt of the approval of the Hon'ble Chief Minister, the transfer order dated:31/10/2023 was issued. Hence the Respondents herein have strictly acted in accordance with the transfer guidelines
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS dated:7.6.2013 and the Govt Circular dated:31.08.2023. Hence the same cannot be found fault with by the petitioner."
36. As could be seen from the above, the KPTCL also admits that it had received several requests and the said request had been consolidated and examined, and upon such examination, proposals were sent to the Hon'ble Chief Minister. It is, thus, the admitted case of the KPTCL that the competent Authority did not record the reasons for proposing the transfers.
37. As already noticed above, in the present case, the entire file pertaining to the transfers appears to have been initiated due to the several requests received in that regard. It is to be stated here that under the Government Order dated 07.06.2013, a proposal for transferring employees cannot be initiated because of receipt of several representations through various Authorities. The Government Order specifically indicates that in case of a transfer beyond the transfer period or in cases relating to reduction or extension of tenure, the competent Authority
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS is to record specific reasons for effecting the said transfers or extension. If the proposal for transfer does not emanate from the competent Authority for the circumstances stated in the Government Order, it is obvious that such proposal for transfer cannot be initiated merely because several requests had been received in this regard.
38. It may be pertinent to state here that every Government servant is aware of the time stipulated for effecting a transfer and if there are requests to be made, they would have to be necessarily made within the particular period stipulated in the Government Order. If employees are permitted to make representations after the date prescribed for transfers have expired, and if Authorities are permitted to entertain requests after the period stipulated in the Government Order had expired, the very objective of stipulating a specific time limit for effecting general transfers would be completely nullified.
39. As clearly indicated in the Government Order, the very purpose of laying down the Guidelines is to ensure
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS that there is a defined procedure for effecting the transfer and that too, within a defined period. This objective cannot be thrown to the wind and a subsidiary process of general transfers cannot be given effect to. It is, therefore, clear that the impugned order, insofar as the petitioners and the private respondents are concerned, cannot really be sustained.
40. However, the learned Senior Counsel Sri.N.Devadas appearing for one of the private contesting respondents contended that transfer was an incident of service and the Apex Court in the case of Deepak Niranjan Nath Pandit2 has categorically stated that the High Court cannot take recourse to its extraordinary jurisdiction under Article 226 of the Constitution and that the High Court cannot dictate the employer as to where the transferee should be posted during the period of suspension. He contended that the Apex Court has clearly held that interference with an order of transfer by Courts has been 2 Union of India and Anr. v. Deepak Niranjan Nath Pandit, (2020) 3 SCC 404.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS held to be in excess of jurisdiction and an improper exercise of judicial power, and having regard to this ratio laid down by the Hon'ble Supreme Court, these Writ Petitions cannot be entertained at all.
41. It is to be stated here that in the case on which reliance was placed, the Hon'ble Supreme Court was not considering a case in which specific Guidelines had been formulated by the Government and therefore, the ratio laid down in the context of that case cannot be made applicable to the present case.
42. It may also be pertinent to state here that two Full Benches of this Court have held3 that the Government Order dated 07.06.2013, wherein Guidelines for transfer have been formulated, is statutory in nature and employees have a right to seek enforcement of the stipulations stated therein.
3 In Gangadharaiash S.N. (supra) and in Chandru H.N. v. State of Karnataka, ILR 2011 Kar 1585.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS
43. Learned Senior Counsel also submitted that this Court ought not to examine the merits of the transfer and that it was entirely up to the employer to decide on a transfer. It is to be stated here that this Court is only examining whether the KPTCL and the Government have followed the Guidelines which are held to be statutory in nature, and this Court is not examining the merits or demerits of the order of transfer. If the order of transfer is in direct contravention of the terms of the Government Order, it would become the duty of this Court to interfere and quash the illegal orders passed.
44. Learned counsel for the KPTCL places reliance upon the decision of the Apex Court rendered in Mohd. Masood Ahmad4, in which the scope of judicial review of transfer under Article 226 has been stated. The principle of law enunciated in the said decision cannot be in dispute, but it would also be relevant to state here that the Hon'ble Supreme Court was not dealing with a situation where 4 Mohd. Masood Ahmad v. the State of U.P. and Ors., JT 2007 (12) SC 467.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS specific Guidelines had been formulated by the State Government and which have been held to be statutory in nature.
45. Reliance is placed on a Division Bench ruling rendered in W.P. No.8634/2020, in relation to the term "ordinarily" used in Clause 8 of the Government Order to contend that the period of tenure of an employee is not mandatory as per Clause 8 and is only directory. It is contended that since the period of tenure in respect of all the petitioners have elapsed, they would be liable to be subjected to a transfer and they, therefore, had no right to cling onto the posts by placing reliance on the Government Order.
46. It is, no doubt, true that even under the Government Order, the tenure stipulated is not rigid or inflexible. As already stated above, the Government Order does permit transfer not only beyond the period stipulated for transfer, but also permits an increase or reduction in tenure, but
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS whenever such a process is sought to be adopted, the Government Order mandates reasons to be recorded.
47. In the instant case, since it is found that there are absolutely no reasons recorded for effecting the transfer beyond the stipulated period, reliance placed on said decision would be of no consequence.
48. The learned counsel appearing for the private respondents also sought to put forth elaborate arguments regarding the conduct (or rather, misconduct) of the petitioners, contending that they would not be entitled for the relief available under Article 226 of the Constitution of India.
49. It is to be stated here that the process, in which transfer is sought to be effected, is being examined and not the merits or demerits of the transfer and it is, therefore, unnecessary to consider particular and specific facts relating to petitioners for adjudicating the validity of the order of transfer.
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NC: 2023:KHC:45832 WP No. 24192 of 2023 AND CONNECTED MATTERS
50. In light of the above, I have no other option, but to quash the impugned orders dated 31.10.2023 , insofar as it relates to the petitioners and the private respondents. Writ Petitions are allowed accordingly.
Sd/-
JUDGE hnm