CHANDRU H N Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) W.P. No. 6551/2010 and connected W.P. No. 13605/2008 are posted before this Full Bench for consideration of the question of law framed in W.P. No. 6551/2010, which reads as under:

(2.) We have heard the learned Senior Counsel appearing for the Petitioner in W.P. No. 6551/2010, which is filed being aggrieved by the order passed by the Karnataka Administrative Tribunal, Bangalore, dated 25.02.2010 in Application No. 4452/2009, wherein the application filed by the third Respondent herein challenging the order of transfer dated 30.09.2009 has been allowed. The learned Senior Counsel submitted that in view of the provisions of Articles 309 and 162 of the Constitution of India and the provisions of the Karnataka State Civil Services Act, 1978 (for brevity, 'the Act') providing for promulgation of the rules for implementing the provisions of the Act, the State Government can only regulate the proceedings by framing Rules providing for guidelines of transfer. He has also referred to the provisions of the Karnataka State Civil Services Rules (for short 'the Rules'), which have come into effect from 01.04.1958, wherein the word 'Transfer' has been defined under Rule 8(49) of the Rules as follows:

(3.) The learned Counsel appearing for the Respondents 3, 5, 7 and 9 in W.P. No. 13605/2008 submitted that the provisions of the Government order providing for guidelines for transfer of Government servants in the State dated 22.11.2001 have statutory force in view of the settled position of law that in the absence of any provision made in the Act, nor any rules having been promulgated regarding the conditions of transfer, it is always open to the State to provide guidelines for transfer by passing executive orders under Article 162 read with Article 309 of the Constitution of India. In support of his contention, he has relied upon a number of decisions of this Court and the Hon'ble Supreme Court. The learned Counsel further submitted that even when there are Rules providing for transfer or any other condition of service if there is a lacuna, the same can be filled up by issuing an executive order.