Karnataka High Court raps state on setting up of civil services board

BENGALURU: Noting that directions issued by the Supreme Court on constitution of the Civil Services Board (CSB) to make recommendations for transfer of IAS officers has been made to "vanish into thin air" by the state through an executive order to keep it in abeyance for an indefinite period, which is contrary to law, the Karnataka High Court directed the state government to take immediate steps to constitute the board.  

Affirming the findings of the Central Administrative Tribunal (CAT), the court also directed the state government to revisit its order to transfer IAS officer B Sharath from the Mysuru Deputy Commissioner post and pass a suitable order without being influenced by its earlier order. IAS officer Rohini Sindhuri was posted as DC after transferring him from the post.

"We hope and trust that the state government will take immediate steps to constitute the CSB at the earliest so as to give effect of the law laid down by the Supreme Court. However, we make it clear that the constitution of CSB should be made expeditiously, at any rate, within an outer limit of two months," said a division bench of Justice Aravind Kumar and Justice N S Sanjay Gowda.

Contending that his transfer is against the Indian Administrative Service (Cadre) Rules, 1954, which prescribe a minimum tenure of two years for a DC, Sharath argued that if any transfer was to be made before this period, it has to be recommended by the CSB, after following the procedure.

It was also contended that though the state government effected the directions of the apex court in the TSR Subramaniam case by constituting a CSB on January 31, 2014, this was kept in abeyance from March 12, 2014, which is against the law.

On hearing plea by Sharath, the CAT held that keeping CSB in abeyance was invalid and non-est, and ordered the competent authority head of the executive authority of the state to revisit the transfer order and take recommendations from CSB and follow procedure.

This was challenged by the government before the High Court. On the other hand, Sharath also challenged the order of the tribunal which did not quash his transfer order. While disposing both the petitions, the court did not accept the arguments of the state government over CAT's stand on constitution of CSB.

Also, the court noted that the conduct of the applicant also indicates that if he had been continued at the same post, he would not have been in a position to attend to his duties due to health reason as claimed by him. Therefore, the contention of the applicant that the transfer order ought to have been quashed cannot be accepted and the reason assigned by the tribunal in that regard deserves to be upheld, the court said, adding that he went on seeking leaves on one ground or the other till April 1, 2021, and during this period, he was prosecuting his claim before the tribunal, instead of reporting to the new posting.