B VARADHA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short point involved in this special leave petition is whether an order of transfer of a Government servant made by an authority other than the Government itself, is appealable before the Government under R. 19 of the Karnataka. Civil Services (Classification, Control and Appeal) Rules 1957. There was a divergence of opinion in the High Court on the question as to the maintainability of such appeals. In a series of writ petitions, Rama Jois, J. took the view that 'transfer' is a condition of service and, therefore the Government servant has a right of appeal against the order of transfer under R. 19. Dodda Kalegouda, J., on the other hand, dismissed the writ petition filed by the petitioner holding that no appeal lay to the State Government against an order of transfer made by the Commissioner of Labour transferring him from Bangalore to Tarikere under R. 19 of the Rules. A number of appeals by the Government as well as the civil servants against the orders passed by the learned Judges were heard together by a Division Bench. The learned Judges have upheld the view of Dodda Kalegouda J.

(2.) We have heard B. Varadha Rao, Senior Labour Inspector in the Department of Labour, Government of Karnataka in person. We find no reason to interfere with the view expressed by the Division Bench. As the learned Judges point out, the answer to the question turns on whether an order of 'transfer' varies to the disadvantage of a Government servant, any of his conditions of service 'attracting the right of, appeal under R. 19(1)(a) of the Rules'. Rule 19 of the Rules reads as follows :

(3.) Part IV enumerates the nature of penalties, which can be imposed on a Government servant. R. 17 specifies the orders against which no appeal lies. Under R. 18, an appeal is provided from an order passed by an authority imposing any of the penalties specified in R. 8. R. 8 specifies the nature of penalties that may be imposed on, the Government servants, such as: