Karnataka High Court Seeks Chief Secretary's Affidavit On Timeline To Establish Civil Service Board As Per 2013 SC Directions

  • Karnataka High Court Seeks Chief Secretarys Affidavit On Timeline To Establish Civil Service Board As Per 2013 SC Directions
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    The Karnataka High Court on Wednesday (September 30) directed State's Chief Secretary to inform the timeline within which Civil Service Board will be established in compliance with Supreme Court directions passed in 2013.

    The court was hearing a plea seeking a direction to the State to constitute Civil Service Board and fix minimum tenure of service for civil servants as directed by Supreme Court in TSR Subramanian and Others v/s Union of India (2013).

    In this judgment the Supreme Court had directed the Centre, State Governments and the Union Territories to constitute such CSBs with high ranking serving officers, who are specialists in their respective fields within 3 months, till the Parliament brings in a proper legislation in setting up CSB. The board is to be tasked with making recommendations on all transfers and postings of officers, guiding and advising the State Government on all service matters, especially on transfers, postings and disciplinary action, ensuring good governance, transparency and accountability in governmental functions.

    The Supreme Court had said that CSB consisting of experts in various fields like administration, management, science, technology, could bring in more professionalism, expertise and efficiency in governmental functioning.

    A division bench of Justice Anu Sivaraman and Justice KS Bharath Kumar in its order said that though affidavit was filed by the concerned under secretary, it was however not satisfied with the contents of the affidavit.

    "Accordingly, there will be a direction to the Chief Secretary of the State to place on record an affidavit pointing out steps taken for constitution of the CSB and placing within what time the directions will stand complied" the court in its order directed.

    With respect to plea made by petitioner to direct the respondents not to carry out any transfers of officers till CSBs are established, the court orally said that it cannot do that and the petitioner can challenge the same.

    In October 2025, the State counsel had handed over a letter dated 13.10.2025, indicating that the third meeting of the Cabinet sub-committee was held on 15.7.2025 and the file has been placed before the competent authority for approval to place the proposal before the Cabinet.

    When the matter was heard in 2024, the court had in its order noted that a division bench of the high court in another writ petition (Writ Petition No.7689 of 2021 in Mr. Sharath B. Vs. Union of India and others) had then noted the "inaction" of the respondent-state authorities in implementing Apex Court's directives.

    "The inaction on the part of the State Government speaks for itself. It transpires that the Civil Service Board was proposed to be constituted, but subsequently, the proposal is shelved and no concrete action is taken any further. Notice to the respondents returnable on 11.09.2024. The respondents shall invariably file their reply before the next date. The conduct in not implementing and acting upon the directions of the Hon'ble Supreme Court and the order of the Division Bench of this Court aforementioned by the State authorities is no less than contumacious and could partake the contempt of directions of the Apex Court,"the court had said in its 2024 order.

    The matter is listed after two weeks.

    Case title: RISHAB TRAKROO v/s THE STATE OF KARNATAKA AND ANOTHER

    WP 19941/2024

    Malavika Prasad

    Malavika Prasad is a Desk Editor with LiveLaw

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