01Facts
The petitioner and respondent No. 5 were Panchayat Development Officers (PDOs).
¶ 1–3 · pp. 3–5Respondent No. 5 had served at Meenukunte Gram Panchayat since 2021, while the petitioner was posted at the Commissionerate in August 2025.
¶ 1–3 · pp. 3–5By Official Memorandum dated 7 May 2026, the Government transferred respondent No. 5 to Meenukunte and the petitioner to Thammanahalli Gram Panchayat.
¶ 1–3 · pp. 3–5Respondent No. 5 challenged the transfers before the Karnataka State Administrative Tribunal, which set them aside insofar as they concerned the two officers, holding that the prescribed counselling procedure had not been followed.
¶ 1–3 · pp. 3–5The petitioner then challenged the Tribunal’s order before the High Court.
¶ 1–3 · pp. 3–502Issues
i.1. Whether the State Government, when transferring PDOs covered by the 2024 Rules, must follow the Rules’ counselling procedure.
¶ 5, 7, 10–11 · pp. 6–9, 13–14ii.2. Whether the transfers made by the Official Memorandum dated 7 May 2026 could stand despite having been effected without counselling.
¶ 8, 11–12 · pp. 9, 13–1403Law Applied
The Karnataka State Civil Services (Regulation of Transfers of Senior Panchayat Development Officers, Panchayat Development Officers, Grama Panchayat Secretaries and Rural Development Assistants (Grade-I and Grade-II) and Second Division Assistants) Rules, 2024 govern transfers of the officers covered by them.
¶ 9, 11–12 · pp. 9–14Under Rule 3, transfers must be made through counselling conducted in the manner specified in Rule 7; Rule 10 provides for transfers in specified exceptional circumstances.
¶ 9, 11–12 · pp. 9–14The High Court held that an authority other than the competent authority prescribed under the Rules—including the Government—must also follow the Rules’ transfer procedure when transferring covered officers.
¶ 9, 11–12 · pp. 9–1404Reasoning
The Tribunal had not decided whether the Government retained power to transfer the officers; it proceeded on the basis that the Government could do so, but was required to follow the 2024 Rules.
¶ 9 · pp. 13–14The High Court left the question of the Government’s transfer power open, finding it unnecessary to decide.
¶ 10 · p. 13It agreed, however, that the Rules’ counselling procedure applied regardless of which authority made the transfer.
¶ 11–12 · pp. 14–15The 7 May 2026 memorandum transferred 86 officers without counselling, contrary to the Rules; accordingly, the Tribunal’s decision to set aside the transfers concerning the two officers was not disturbed.
¶ 11–12 · pp. 14–1505Holding
The writ petition was dismissed, and the Tribunal’s order setting aside the transfers insofar as they concerned the petitioner and respondent No. 5 remained undisturbed.
¶ 10–13 · pp. 13–15The question of the Government’s power to transfer was left open.
¶ 10–13 · pp. 13–15The authorities were at liberty to effect transfers in accordance with the 2024 Rules.
¶ 10–13 · pp. 13–15The petitioner was ordered to pay costs of ₹10,000 to the Karnataka State Legal Services Authority within two weeks; failing payment, respondent No. 2 was directed to deduct the amount from his salary and remit it within the following two weeks.
¶ 10–13 · pp. 13–15Original Court PDF
SRI. SANDEEP KvsSTATE OF KARNATAKA
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