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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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
