‘CM’s Signature Insufficient for Lower Cadre Appointment Without Reasoning’: K’taka HC

The Karnataka High Court has asserted that a transfer order carrying the Chief Minister’s signature lacks legality unless it includes reasoning for appointing a lower cadre officer to a higher post.

In a recent judgment on a petition filed by Karnataka Administrative Service (Senior Scale) officer Dr Prajna Ammembala, a bench of Justices K Somashekar and Rajesh Rai K emphasized the necessity of providing reasons for the Chief Minister’s understanding regarding the non-availability of eligible persons for the specified post and the rationale behind appointing a lower cadre individual to the designated position.

Dr Prajna Ammembala challenged a Karnataka State Administrative Tribunal order from August 2, 2023, which had favored an application filed by Patharaju V, Additional Director of the Department of Food and Civil Supplies. The Tribunal had set aside the transfer notification dated July 6, 2023, through which Ammembala was transferred to that post, citing her alleged ineligibility.

Patharaju argued that Ammembala did not meet the criteria for the post. Ammembala, who had been appointed as a tahsildar through direct appointment in 2006, promoted to KAS (Junior Scale) in 2015, and KAS (Senior Scale) in January 2021, was transferred as Additional Director, Department of Food and Civil Supplies in July 2023.

Challenging Ammembala’s transfer, Patharaju contended that it lacked the prior approval of the Chief Minister. The State asserted that the CM’s prior approval had indeed been obtained.

The Tribunal, deeming Ammembala ineligible for the post, annulled the transfer order. Ammembala then approached the High Court.

Addressing the issue of Ammembala’s eligibility for the post, the high court ruled in her favor. It upheld the transfer order issued by the government, emphasizing that, considering the initial posting of Patharaju, Ammembala, being in the same cadre of KAS (Senior Scale), was eligible for the deputation if the same upgradation benefit was awarded to her.

The High Court also directed the government to issue necessary guidelines when transferring lower cadre officers to higher cadre posts, emphasizing the importance of providing proper reasons when appointing a lower cadre person to a post designated for a higher cadre, before obtaining the Chief Minister’s approval. The court disposed of the petition with these directions.