The use of political influence to remain in a particular post has proved costly for two superintendent engineers of the Department of Public Works, Water Resources and Inland Water Transport as the High Court of Karnataka has directed the State government not to post both of them to the post of Superintendent Engineer, PWD Circle, Kalaburagi.
A Division Bench comprising Justice G. Narendar and Justice M. Nagaprasanna passed the order recently in the Kalaburagi Bench while observing that “political interference in transfers and posting of officers would result in politicisation of public office and put public efficiency and good administration to peril”.
Prem Singh, who was posted as Superintendent Engineer, PWD Circle, Kalaburagi, in November 2019 had moved the Karantaka State Administrative Tribunal questioning the action of the government in keeping his posting in abeyance. Though initially the tribunal permitted him to take charge of the post, later his plea was dismissed, resulting in continuation of Prakash B. Srihari, who was holding the post earlier.
While partly allowing Mr. Singh’s plea against the tribunal order, the Bench refused to direct the government to continue him in the post of Superintendent Engineer, PWD Circle, Kalaburagi, as he too had brought political recommendations to remain in the post when his plea was pending adjudication before the tribunal.
While three MLAs had issued recommendation letters to the Chief Minister, a Deputy Chief Minister, and the Secretary of the Department to retain Mr. Srihari in the post, a Minister had written a letter to the Chief Minister to continue Mr. Singh in the post when the transfer issue was pending before the tribunal. All the recommendation letters from MLAs and the Minister were found in the original file maintained by the government.
The Bench pointed out that the transfer guidelines, issued in 2013 and which had attained the statutory force due to declaration by the High Court, not only clearly prohibits officials from bringing political pressure for transfer but also prescribes that officers bringing political pressure should not be posted for the particular post.
