Transfer when no vacant post available is invalid: Karnataka HC
Bengaluru, Sep 1: The Karnataka High Court has reiterated that "no transfer must be made except to a vacant post" and reinstated a Municipal officer who was transferred in December last year.
Murthy Halaiah, chief officer of Hanur Town Municipal Council, was transferred on December 23, 2021 but for the next six months, he was not given a posting. However on the same day of his transfer, another officer, Paramashivaiah, was posted to the position served by Halaiah till then, who challenged this in the HC.
When the case was pending, he was given a posting on July 20, 2022 to the Town Municipal Council, Ullal. Halaiah's advocate Pavana Chandra Shetty argued before Justice S Sunil Dutt Yadav that as per a Division Bench order in 'M Arun Prasad Vs The Commissioner of Excise' case, it is a settled position in law that a transfer without showing place of posting would suffer from legal malafide.
The bench accepted this argument and also noted that the same was reiterated in another case, 'Mahboob Sab Vs State of Karnataka' recently. Justice Yadav also noted that the Government had issued two circulars in 2017, which stipulate that if any government servant is not given a posting, the reasons must be recorded in writing.
The HC set aside the transfer order of Halaiah and directed him and Paramashivaiah to be placed in the position prior to the impugned order.
The court also directed the State for "strict compliance with its own circulars as well as directions passed in the earlier HC judgments".
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Trump says EU has until July 4 to approve last year's trade deal or it will face higher tariffs
Washington (AP): President Donald Trump has said in a social media post that goods from the European Union would face higher tariff rates if the 27-member bloc fails to approve last year's trade framework by July 4.
The announcement on Thursday appeared to be a deadline extension after the president said last Friday that EU autos would face a higher 25 per cent tariff starting this week. Trump made the updated announcement after what he described as a "great call" with European Commission President Ursula von der Leyen.
Still, the US president was displeased that the European Parliament had yet to finalize the trade arrangement reached last year, which was further complicated in February by the US Supreme Court ruling that Trump lacked the legal authority to declare an economic emergency to impose the initial tariffs used to pressure the EU into talks.
"A promise was made that the EU would deliver their side of the Deal and, as per Agreement, cut their Tariffs to ZERO!" Trump posted. "I agreed to give her until our Country's 250th Birthday or, unfortunately, their Tariffs would immediately jump to much higher levels."
It was unclear from the post whether Trump was implying that the tariff rates would jump on all EU goods or the increase would only apply to autos.
His latest statement indicates he might be backing away from his earlier threat on EU autos by giving the European Parliament several more weeks to approve the agreement.
Under the original terms of the framework, the US would charge a 15 per cent tax on most goods imported from the EU.
But since the Supreme Court ruling, the administration has levied a 10 per cent tariff while investigating trade imbalances and national security issues, aiming to put in new tariffs to make up for lost revenues.
