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Karnataka High Court Bars CMO From Handling Transfer Requests, Reaffirms Departmental Control

The ruling follows an affidavit from the Chief Secretary stating CMO notes are only recommendatory under transfer rules.

Overview

  • A Division Bench of Justices D. K. Singh and T. M. Nadaf directed that the Chief Minister’s Office must not directly entertain transfer or posting requests, noting the CM has more important duties.
  • The court reaffirmed that transfers and postings must be decided by the concerned departments under the Cadre and Recruitment Rules and the DPAR’s General Transfer Guidelines.
  • In a March 3 affidavit, Chief Secretary Shalini Rajneesh clarified that notes from the CMO are recommendatory and said CMO staff handling such requests have been sensitised.
  • The appeal by BESCOM assistant engineer Chethan S. was disposed of with an order not to disturb his current posting until the next transfer session.
  • The Bench recorded earlier single-judge concerns about CMO approvals undoing departmental orders and directed that a copy of its order be sent to the CMO.