Writ Court Cannot Undertake Deeper Examination Of Defence Transfer Policy : Karnataka High Court Rejects IAF Officer's Plea

The Karnataka High Court has dismissed an appeal filed by Indian Air Force Personnel questioning his transfer posting order dated 29.12.2022.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by Rangaswamy B T who had challenged the order of the single judge bench which had rejected his petition questioning the posting order.

The appellant argued that the impugned order has brought about an unjust result and a lot of hardship will be occasioned to his client if the same is not set at naught. The appeallant had sought an extension of tenure for two years as the criminal case faced by him was yet to be disposed of.

The central government opposed the plea saying “The subject matter relates to the posting of an employee in the Defence Service namely, Indian Air Force; the policy of request posting cannot be invoked as a matter of right, a host of factors entering the fray of decision making. The appellant had given an undertaking that the compassionate posting was confined to a period of only two years and therefore, no extension could be sought for.”

The Court noted that appellant had already reported for duty pursuant to the posting order. Then it referred to the policy which mandates that a request posting will be limited in tenure and that no extension from posting beyond the permitted tenure will be considered on a request posting.

Following which it said “This is absolutely consistent with the Defense requirements and a writ court cannot undertake a deeper examination of the matter.”

Accordingly it dismissed the appeal saying it is devoid of merits.

Appearance: Advocate M L Suvrna for Advocate Putte Gowda K for Appellant.

Advocate Madhukar Deshpande for Respondents.

Citation No: 2023 LiveLaw (Kar) 436

Case Title: Ranagaswamy B T And Union of India and Others

Case No: WRIT APPEAL NO. 1140 OF 2023

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