Karnataka HC Pulls up BBMP For Transferring An Employee On Orders Of CM [Read Order]
"Though this is a fit case for passing strictures against all the concerned, and for levy of exemplary costs, this Court with much reluctance, restrains itself from doing the same so that such illegal transfers shall not be repeated hereafter."
The Karnataka High Court while setting aside an order passed by the Bruhat Bengaluru Mahanagara Palike (BBMP) where by an executive engineer was transferred premature from office, after the Commissioner received a communication from the Chief Minister said "Commissioner has "acted on the dictate of alien authorities" which course the first principle of Administrative Law,...
The Karnataka High Court while setting aside an order passed by the Bruhat Bengaluru Mahanagara Palike (BBMP) where by an executive engineer was transferred premature from office, after the Commissioner received a communication from the Chief Minister said "Commissioner has "acted on the dictate of alien authorities" which course the first principle of Administrative Law, shuns."
Justice Krishna Dixit, allowed the petition filed by K M Vasu who was on deputation in BBMP, till March 2020, but was removed from his office vide order dated October 24, 2019 and third respondent was placed in his post. This followed a letter dated October 6, addresses by a Central Minister to the Chief Minister and the Chief Minister endorsed the request on the very said letter on 17.10.2019, seeking posting of third respondent to the post of petitioner.
While quashing the transfer order the court said "Though this is a fit case for passing strictures against all the concerned, and for levy of exemplary costs, this Court with much reluctance, restrains itself from doing the same so that such illegal transfers shall not be repeated hereafter."
The court added "The Commissioner of BBMP should have exercised the statutory discretion in accordance with the rules of reason & justice and not whimsically nor at the instance of high and mighty; the contra having happened in this case, there is error apparent on the face of record." Court clarified that "There is legal mala fide that vitiates them; factual mala fide is not addressed since the said Ministers are not before this Court, eo nomine."
The court dismissed the arguments of the BBMP which offered a posting after Vasu moved the court by saying that "The contention of the Senior Panel Counsel for BBMP that petitioner is now given posting vide Order dated 02.11.2019 is a poor solace to an aggrieved employee; this posting is an after thought only to liquidate the ground which the petitioner has taken up for invalidation of the impugned orders; subsequent posting order does not cure the legal defect which infected the impugned orders; even here too, nothing is mentioned about the hardship or otherwise which the third respondent would suffer if the impugned transfer was not made; therefore, this ground of justification too fails."
[Read Order]