Govt Employee's Transfer Is Not Vitiated Merely Due To Being Made Upon Recommendation By MLA: Karnataka High Court

The Karnataka High Court has said that the transfer of a government employee would not be vitiated for being made solely at the instance or recommendation of a Member of Legislative Assembly (MLA).

A division bench of Justice S G Pandit and Justice K V Aravind said thus while dismissing the petition filed by S Venkateshappa, a Tashildar, challenging the order of the Karnataka Administrative Tribunal rejecting his prayer to quash the impugned order of transfer and posting of respondent No.4 in his place under notification dated 31.12.2024.

It was submitted that certain differences arose between the petitioner and the Member of Legislative Assembly, Bangarpet Constituency, on one of the issues, and the said Member is said to have threatened the petitioner with a transfer.

The Member of Legislative Assembly, Bangarpet Constituency, addressed a letter dated 13.12.2024 alleging that there are complaints against the petitioner from the public and sought transfer of the petitioner with a request to post the fourth respondent in his place. Thereafter, the impugned order dated 31.12.2024 transferring the petitioner and posting the fourth respondent was passed.

The petitioner argued that the impugned order of Transfer is premature; opposed to the transfer guidelines dated 25.06.2024; and the impugned order of transfer is not in the interest of the public and at the instance of the local MLA.

He is a Group-A Officer of the State Government and Group-A officers are provided with a minimum tenure of two years. Since he has not even completed six months of service at Bangarpet and the transfer is totally premature.

The respondents opposed the petition, contending that the transfer of the petitioner was necessary since the petitioner was not listening to the grievances of the public. Further, the transfer of the petitioner is approved by the Chief Minister as required, by recording reasons for the premature transfer of the petitioner.

The bench noted that the petitioner was posted to work as Tahsildar Grade-I to Bangarpet, Kolar District on 31.07.2024 and under the impugned transfer notification dated 31.12.2024, the petitioner is transferred to the Office of Deputy Commissioner, Kolar while posting 4th respondent in his place. No doubt, the transfer and posting of petitioner and respondent No.4 is premature.

However, it is seen that Local MLA i.e., representative of people by his letter addressed to the Minister for Revenue dated 31.12.2024 sought transfer of the petitioner stating that the petitioner would not attend to office in time and he is not responding to the grievances of the public, which the local public have complained to the Local MLA.

The bench held, “In the above circumstances, we do not find any error or illegality in the order passed by the Tribunal. Moreover, in terms of Clause-5 (3) of Transfer Guidelines dated 25.06.2024, for special or exceptional reasons, transfer with the approval of the Chief Minister is permissible. In the instant case, the Note Sheet relating to transfer placed on record would indicate that the transfer of the petitioner is effected only after obtaining approval of the Chief Minister.”

It added, “As could be seen from the records, the petitioner's transfer is not on the basis of earlier show-cause notice or his reply. Further the allegation of malice in law has no basis. In the facts and circumstances of the case, particularly in view of the fact that we have come to the conclusion that the transfer at the instance or recommendation of an MLA itself would not vitiate the transfer, the said contention is untenable.”

Rejecting the petition, the court said that the petitioner is working in a transferable post and he is liable for transfer. When the petitioner is posted within Kolar District, no hardship is caused to him.

Appearance: Advocate Jayanth Dev for Petitioner.

AAG Reuben Jacob a/w AGA V Shivareddy HIVAREDDY, AGA FOR R1 TO R3 AND R5 SRI UDAY HOLLA, SR. ADV. FOR SRI KAPILDEV C ULLAR, ADV. FOR C/R4

Citation No: 2025 LiveLaw (Kar) 292

Case Title: S Venkateshappa AND State of Karnataka

Case No: WRIT PETITION NO.3612/2025

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