ZOHRA JABEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, a civil servant is knocking at the doors of Writ Court for assailing the State Administrative Tribunal's order dtd. 21/12/2022 whereby her Application No.4460/2022 calling in question arguably a premature transfer order dtd. 22/9/2022 has been negatived.

(2.) Learned counsel for the Petitioner submits that apparently the subject transfer was a premature action regard being had to the same falling short of retention period under the extant Government Transfer Guidelines and therefore, on that ground itself relief ought to have been granted to his client. He adds that, the prior approval allegedly granted by the Hon'ble Chief Minister was without application of mind and that no reasons are recorded in support of that though reasoning is a legal imperative.

(3.) Learned AGA appearing for the Respondents vehemently opposes the Petition making submission in justification of the impugned order of the Tribunal and the reasons on which it has been constructed. Regardless of validity of transfer order, he submits, the transferred employee has to comply with it even when he mounts challenge thereto and no interim protection is secured by him. Lastly, he adds that the Petitioner who holds a significant position in the institutional hierarchy, did not report for duty at the High Court, Bengaluru during a long period between 22/9/2022 and 12/2/2023 and thereby, had put the administration to avoidable difficulty and therefore, on this ground alone Petition should be dismissed.