Sri Chethan S Vs the Karnataka Power Transmission Corporation Limited

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 09.09.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.21759/2024 (S-RES).

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present intra Court appeal has been filed impugning the judgment and order dated 09.09.2024 passed by the learned Single Judge in W.P.No.21759/2024 (S-RES) filed by the appellant.

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This Court vide interim order dated 15.12.2025 had granted a status quo as on the date in respect of posting and transfer of the appellant to be maintained. The present transfer season would be over in the month of March and new transfer season will commence in the month of April. Therefore, we direct the respondents not to disturb the present place of posting of the appellant till

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the next session of transfer/fresh order of transfer is issued in the next session.

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We make it clear that the respondents will be at liberty to effect transfer and posting of the appellant in accordance with the Transfer Rules and Policy.

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HC-KAR

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The next issue is the observation made by the learned Single Judge at paragraph Nos.22 and 23 of the impugned judgment and order dated 09.09.2024, which are extracted hereunder:-

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" 22. Before parting, it is pertinent to mention that this Court has come across several letters/orders/approvals issued by the office of the Hon'ble Chief Minister either transferring group 'B' or 'C' employees thereby undoing the orders of transfers issued by the Official Superiors of such employees. Even in the present case too, the petitioner has managed to obtain the approval from the office of the Hon'ble Chief Minister directing the Hon'ble Minister in-charge to accept the request of mutual transfer, though the same did not emanate from the office of respondent Nos. 1 and 2. Therefore, this generates a doubt as to whether the Hon'ble Chief Minister is aware of the kind of orders/approvals obtained from his office. It also gives raise to a suspicion that someone sitting in the office of the Hon'ble Chief Minister is mechanically issuing such orders/approvals giving raise to heart burn amongst employees and consequent litigation before this Court.

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HC-KAR

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23. As a matter of fact, the petitioner in this writ petition has filed two writ petitions in the past and three writ petitions challenging his transfer. He has piggy ridden on the back of the orders passed by the Hon'ble Chief Minister approving his request for mutual transfer and has protracted the order of transfer from the year 2022 to 2024. Therefore, the Registrar General, is directed to place this order before the Chief Secretary to the Government of Karnataka to bring it to the notice of the Hon'ble Chief Minister so that the persons concerning are sensitized not to casually issue letters of transferring or posting or retransferring officials thereby belittling the orders issued by the competent officers of the concerned department."

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This Court vide order dated 24.02.2026 directed the

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Chief Secretary of the State to make the stand of the Government clear in unambiguous terms in respect of the paragraph Nos.22 and 23 of the impugned judgment dated 09.09.2024.

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In compliance of the order dated 24.02.2026, the Chief Secretary of the State has filed an affidavit 03.03.2026 stating therein that the notes received from

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HC-KAR

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the Office of the Chief Minister are only recommendatory in nature and not transfer orders or approval for transfers.

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It is for the concerned department to scrutinize such recommendations based on the respective Cadre and Recruitment Rules and General Transfer Guidelines issued by the Department of Personnel and Administrative Reforms (for short 'the DPAR' ). Even in the present case, the recommendation/the notes received from the Office of the Chief Minister for mutual transfer was recommendatory in nature and it was not an order of mutual transfer. It has been further stated that the observation at paragraph 23 of the impugned judgment dated 09.09.2024 has been brought to the notice of the Hon'ble Chief Minister, and the Office Staff/Officers in the Hon'ble Chief Minister's associated with handling of such transfer requests have been specifically sensitised regarding the observations made and concerns expressed by the learned Single Judge.

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HC-KAR

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It is further stated that the recommendation/requests for the transfers of the

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Government officials are being dealt with in the concerned administrative departments and after careful examination

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as per the provisions of the transfer guidelines issued by the State Government and with the approval of the competent authority on the file, the transfer orders are being issued by the administrative department.

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We are of the considered view that the transfers and postings of the employees should be left to the concerned administrative departments and the highest authority of the State should not devote his time in such matters nor should interfere with the transfers and postings of the employees working within the government and the government undertakings.

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We are therefore, of the opinion that no request for transfer and posting should be entertained by the Office of the Hon'ble Chief Minister directly. The matter should end

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HC-KAR

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at the level of the department itself. Hon'ble Chief Minister has better and more important work to perform than interfering with the transfers and postings of the employees of the State Government and Government undertakings.

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