Jaikiran v. State of Karnataka

October 11, 2021 | Priyanka S Bhat
Case No. W.P. 11191 / 2021 Date of Filing 22/06/2021 Status Pending Petitioners C.K. Jaikiran Respondents 1. State of Karnataka Represented by its Chief Secretary 2. State of Karnataka by Women and Child Welfare Department 3. Commissioner, Women and Child Welfare Department 4. Chief Executive Officer, Hassan Zillan Panchayat 5. Deputy Commissioner, Hassan District 6. Vijaya Kumar, CDPO, Chhannarayapatna Taluk

The Petitioner is a person with blindness. On 20.09.2019, after having successfully cleared the required examination, she was appointed by the Women and Child Department, Karnataka as a group ‘A’ officer in the cadre of Child Development Project Officer (‘CDPO’) in Hassan, Karnataka.

 

However, the Petitioner faced a lot of challenges at her workplace ranging from baseless, false criminal complaints from a colleague, to a downright hostile work environment. Despite all these challenges, the Petitioner continued to diligently dispense her work. However, in December 2020, the above mentioned colleague, in his role as Deputy Director (in-charge), Hassan District submitted a report to the CEO, Zilla Panchayat, Hassan making further baseless allegations against the Petitioner. Based on this report, the CEO, Zilla Panchayat deemed it fit to pass an order dated 12.01.2021 wherein he transferred the Petitioner to the Women and Child Department, Bangalore.

 

Aggrieved by such arbitrary and illegal proceedings, the Petitioner approached the Karnataka State Administrative Tribunal praying for the Order of the CEO, Zilla Panchayat dated 12.01.2021 to be set aside. However, in the impugned order dated 05.05.2021, the Tribunal has reasoned that by Order dated 12.01.2021, the Petitioner was not illegally ‘transferred’ but ‘deputed back to the parent department’ without any basis for such reasoning.

 

This order of the Hon’ble Karnataka State Administrative Tribunal dated 05.05.2021, has been challenged by the Petitioner before the Hon’ble High Court of Karnataka since it has been passed without any application of mind. In fact, as per the guidelines issued by the State Government of Karnataka dated 22.11.2001, which governs all issues regarding transfer of Government employees, only the appointing authority can prematurely transfer a Grade A officer after obtaining the prior approval of the Chief Minister in writing.

 

The authority that made the transfer in question dated 12.01.2021 is not the appointing authority. Further, the observation of the Hon’ble Tribunal in that the Petitioner was on deputation, and therefore, the CEO, Zilla Panchayat had the authority to pass the order dated 12.01.2021 is also without any merit since there is no order of deputation, the Petitioner was directly appointed as a CDPO, Hassan.

 

The Hon’ble High Court has issued notice in the matter and asked the Respondents to produce any documents that prove that the Petitioner was on deputation.

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Case No. W.P. 11191 / 2021 Date of Filing 22/06/2021 Status Pending Petitioners C.K. Jaikiran Respondents 1. State of Karnataka Represented by its Chief Secretary 2. State of Karnataka by Women and Child Welfare Department 3. Commissioner, Women and Child Welfare Department 4. Chief Executive Officer, Hassan Zillan Panchayat 5. Deputy Commissioner, Hassan District 6. Vijaya Kumar, CDPO, Chhannarayapatna Taluk

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