Draft employee transfer rules within 3 months, HC tells North Western Karnataka Road Transport Corporation

Advocate Raghuveer R Sattigeri, appearing for the petitioner, had argued that the corporation had transferred the petitioner without any basis. The corporation submitted that it has the authority to effect the transfer of an employee on administrative grounds and the petitioner had resumed work at the transferred depot. Thus, the petitioner was rendered infructuous.

The bench in its order noted that, along with 43 employees, who had sought a transfer on request, the petitioner was transferred. He had not made any such request. The court said, “Even assuming that there is an administrative reason behind his transfer, the transfer order should contain the reasons and the petitioner cannot be singled out. Except the petitioner, no other employee is transferred on administrative grounds.”

Rejecting the contention of the corporation that the petition was not maintainable, the court stated that since the petitioner is an employee of the corporation, he had no other option but to join the transferred place. But it would not disentitle him from questioning the action.

‘Essential for fair, transparent, efficient administration’

The bench, taking into account that the corporation has no transfer guidelines, urged it to frame one. “Transfer of employees is a vital administrative tool for ensuring efficiency, integrity and smooth functioning of the institution. However, when transfers are made arbitrarily or without uniform standards, they lead to dissatisfaction and the allegation of malafides. Hence, formulation and strict adherence to the transfer guidelines is a necessity rather than a mere administrative formality,” it said.

Further, the court said, “The transfer guidelines are very much essential for a fair, transparent and efficient administration. While the power to transfer remains with the employer, its exercise must be guided by well-defined norms to prevent arbitrariness.”

Allowing the petition, the court declared that the transfer order passed against the petitioner was arbitrary and without any basis. Further, the court said, “Till such circulars or transfer guidelines are in place, whenever a transfer is made on administrative grounds, the transfer order shall contain the reasons and necessarily be a speaking order.”