CM's signature not enough to appoint lower cadre officer to higher post without reasoning: K'taka HC
Bengaluru (PTI): The High Court of Karnataka has said that a transfer order bearing the signature of the Chief Minister does not become licit, till there is a reasoning recorded to post a lower cadre officer to a higher post.
"We are constrained to opine that, even though such transfer orders bear the chief ministers signature on it, but such orders cannot be said to be a licit order as we find absence of reasons to enlighten the Chief Minister as to non-availability of eligible persons to be posted to said post and as to why a person of a lower cadre is posted to the said encadred place," it said.
A bench of Justices K Somashekar and Rajesh Rai K said this in their recent judgement on a petition filed by Karnataka Administrative Service (Senior Scale) officer Dr Prajna Ammembala.
Ammembala had challenged a Karnataka State Administrative Tribunal order of August 2, 2023, allowing an application filed by Patharaju V, Additional Director of Department of Food and Civil Supplies and set aside the transfer notification dated July 6, 2023, by which Ammembala was transferred to that post.
Patharaju had contended that Ammembala was not eligible for the post.
Ammembala was appointed as a tahsildar through direct appointment in 2006 and promoted to KAS (Junior Scale) in 2015 and KAS (Senior Scale) in January 2021. Ammembala was transferred as Additional Director, Department of Food and Civil Supplies in July 2023.
Patharaju was already in this post and challenged Ammembala's transfer in the Tribunal stating that Ammembala was transferred to the post without the prior approval of the Chief Minister.
The State contended that the prior approval of the CM was taken.
The Tribunal held that Ammembala was ineligible to hold the post and set aside the transfer order. Ammembala then approached the High Court.
On the question of the eligibility of Ammembala for the post, the high court said that the law was in her favour.
"If considered initial posting of the respondent No.3 (Patharaju), then the petitioner (Ammembala) who is also in the same cadre of KAS (Senior Scale), is very much eligible to hold the post on the deputation if the same benefit of upgradation is awarded to her," the HC said. It therefore upheld the transfer order issued by the government.
The HC also directed the government to issue necessary guidelines when transferring lower cadre officers to higher cadre posts.
"We also direct the state government to issue necessary guidelines i.e, as to the circumstances under which a lower cadre person can be posted to higher cadre post, and also to make it mandatory to assign proper reasons when a lower cadre person is posted to a post designated for higher cadre before getting chief minister's approval," the HC said disposing of the petition.
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Rajnath to top commanders: Outmaneuver adversaries with strategic surprise
Jaipur/New Delhi (PTI): Defence Minister Rajnath Singh on Friday directed the top military commanders of the three services to integrate an "element of surprise" into modern warfare to outmaneuver India's adversaries and bolster strategic posture.
In his address at the joint commanders conference in Jaipur, Singh also described the Operation Sindoor as a testament to the "swift, precise, and joint response" of the Indian armed forces to safeguard national interests and called upon the military to remain ready to deal with any security challenges.
In their two-day deliberations, the commanders carried out a comprehensive review of the combat preparedness of the military in the wake of the evolving regional security situation.
Operation Sindoor was a demonstration of India's growing capabilities and a symbol of the nation's collective resolve and new military ethos, Singh said, a day after the first anniversary of Operation Sindoor.
He also unveiled a 'Joint Doctrine for Integrated Communication Architecture' that is aimed at strengthening doctrinal clarity, interoperability and integrated communications across the armed forces in future multidomain operations.
The joint commanders' conference, themed 'Military Capability in New Domains', brought together the top leadership of the defence ministry and the three services to deliberate on emerging security challenges and future readiness.
Comprehensive deliberations were held on future warfare, multidomain operations, technological transformation and joint capability development.
The conference witnessed extensive discussions on cognitive warfare, cyber resilience against evolving quantum and AI-enabled threats, military capability development in emerging domains, indigenous innovation and AI-enabled warfighting concepts.
It was attended by Chief of Defence Staff Gen Anil Chauhan, Chief of the Naval Staff Admiral Dinesh Kumar Tripathi, Chief of the Army Staff Gen Upendra Dwivedi, Chief of the Air Staff Air Chief Marshal AP Singh and Defence Secretary Rajesh Kumar Singh among others.
In his remarks, Singh asked the commanders to remain "future-ready" by learning from the operation as well as the current global security landscape.
He underscored the need to strengthen capabilities in artificial intelligence, autonomous systems, data analytics and secure communication networks to stay prepared in the rapidly evolving geopolitical security scenario. He emphasised that future conflicts will increasingly be shaped by hybrid threats, information dominance and operations conducted simultaneously across cyber, space, electromagnetic and cognitive domains, according to an official readout.
Highlighting the transformative impact of emerging technologies, Singh stressed on the importance of ensuring integrated national preparedness across all spectrums of conflict, it said.
Singh's remarks at the conference came a day after the first anniversary of Operation Sindoor.
The defence minister appreciated the progress achieved in enhancing jointness, integration and technological adoption across the three services, the readout noted.
Singh said that jointness constitutes a pivotal dimension within the transformative changes sweeping across the global defence sector.
"Future wars will not be won solely through weaponry, but through innovative thinking and enhanced synergy," he said.
The defence minister exhorted the commanders to cultivate the "element of surprise" to remain unpredictable to the nation's adversaries and secure a strategic edge in any given situation.
He, however, urged them to remain vigilant of the element of surprise of the enemy and always stay two steps ahead.
Singh also reiterated the Narendra Modi government's commitment to enhancing the capabilities of the defence forces through state-of-the-art weapons and platforms. He added that special focus is being laid on research in niche domains.
During the conference, he released a documentary film on Operation Sindoor.
The film reaffirms the nation's and defence forces' commitment to operational preparedness and decisive national response capabilities.
Demonstrations of advanced systems and platforms developed for intelligence fusion, operational planning and information management were also showcased during the conference reflecting growing integration of cutting-edge technologies into joint operational structures, according to the defence ministry.
The discussions will contribute significantly towards shaping India's future military transformation and integrated operational preparedness, it said.
