'CM Has Better Work To Do': Karnataka High Court Asks CM Office Not To Directly Entertain Transfer Requests

The Karnataka High Court has observed that the Chief Minister's Office (CMO) should not directly entertain or interfere in the transfer and posting of government and public undertaking employees, while remarking that the 'highest authority of the State' has more important duties to perform.A division Bench of Justice D.K Singh and Justice T.M Nadaf held that the appellant employee's current posting should not be disturbed until the next transfer season in April. Even in the case of transfer, the authorities should comply with the applicable transfer rules and policy, the court added.“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 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”, the court remarked that a copy of the order should also be sent to the Chief Minister's Office.The appellant is an assistant electrical engineer with the Bangalore Electricity Supply Company Ltd. (BESCOM). The administrative office memorandums and their orders transferring him to different units over the years were challenged through a batch of writ petitions. However, the single-judge bench refused to allow Chethan's plea for mutual transfer with another employee. The contentious approval for the appellant's mutual transfer from the CM's office was also brought to the court's attention during the pendency of the original writ petition. Despite the approval for mutual transfer from the CM's office, the single judge bench upheld the administrative orders of transfer.While considering the original writ petition, the single-judge bench earlier raised suspicion about someone in the CM's office mechanically issuing transfer orders in Group B and C employees' matters, overriding the orders issued by the respective office superiors, giving rise to litigation before the court.“…. 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….”, the court had opined in its order (W.P.No.21759/2024) dated 9th September 2024.When the matter came before the Division Bench in appeal, the court asked the Chief Secretary of the State to clarify the issues that had arisen. In the affidavit filed by the Secretary this February, it was mentioned that notes from the CM's office are recommendatory in nature and cannot be treated at par with official transfer orders based on respective Cadre and Recruitment Rules and General Transfer Guidelines issued by the Department of Personnel and Administrative Reforms (DPAR). The recommendatory note for mutual transfer of the petitioner was also issued in such a manner, stated the Secretary. The concerned administrative department has the final say in the matter. Staff and officers in the CMO have been sensitised regarding the concerns expressed by the single judge bench, the Secretary mentioned in his affidavit. Taking note of the Secretary's affidavit, the court added the following to the order:“….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”.Accordingly, the court disposed of the writ petition.Case Title: Chethan. S v. Karnataka Power Transmission Corporation & Ors.Case No: Writ Appeal No.2 Of 2025Click Here To Read/Download OrderCitation: 2026 LiveLaw (Kar) 114

'CM Has Better Work To Do': Karnataka High Court Asks CM Office Not To Directly Entertain Transfer Requests

Sebin James

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