Monday, August 29, 2022

Transfer Orders Cannot Be Passed In Absence Of Vacancy, Must Show Place Of New Posting: Karnataka High Court

The Karnataka High Court has directed the State government to ensure that if transfers are made after the period of general transfers, no request for transfers should be entertained or orders made unless there is a vacant place.

The Bench  observed,

"In the present case, none of the procedures are followed. Despite the observations by the Division Bench of this Court in M.Arun Prasad's case (supra) and also the Government, Circulars referred to above, time and again orders of transfer are being passed without showing places for posting."

"In the present case, as stated earlier, there was no vacant place while considering the representation of respondent No.6 to be transferred and posted in the place of the petitioner. It is also noticed that the case of respondent No.6 is on the basis of the letter of the Member of the Legislative Assembly. Nevertheless, the procedure requires to be followed."

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