A view of High Court of Karnataka
| Photo Credit: File photo
Observing that the act of public servants using political influence is a matter of deprecation, the High Court of Karnataka said that political interference in service matters is undesirable, to say the least, as such interference brings in irrelevant factors affecting public administration and the interest of the employer.
“These days, this court with a lot of penury at heart has been observing employees invoking political influence inter alia in matters of transfer and posting, which essentially belong to the exclusive domain of the employer/competent authority, who has to take a call after adverting to a host of factors,” observed a Division Bench comprising Justice Krishna S. Dixit and Justice Ramachandra D. Huddar.
The Bench made these observations while reserving a 2013 judgment of a single judge, who had set aside the decision of the Karnataka Food and Civil Supplies Corporation Ltd. (KFCSC), which in 2004 had compulsorily retired an employee for dereliction of duty.
One Veena M., who was working as junior assistant, was transferred from Bengaluru to Mangaluru in 2002. However, without reporting to duty as per the posting, she claimed medical leave but the health reason cited by her was found to be wrong by the medical board. Besides, she had also brought influence of a then MP for her posting.
The KFCSC in 2004 compulsorily retired her from service citing her conduct and the appellate authority had upheld this decision. However, a single judge of the court directed the KFCSC to reinstate her to service without the benefit of back wages.
However, the Bench disagreed with the single judge’s order while observing: “There may be some exceptional cases where a citizen complains to the elected representatives seeking minutes for favour. However, the act of public servants using political influence is a matter of deprecation and that may constitute a sole ground for declining relief in constitutional jurisdiction.”
Meanwhile, the Bench said that benefits accruing on account of compulsory retirement should be paid to her within an outer limit of eight weeks subject to her complying with the prerequisites, and the KFCSC would pay interest at the rate of 2% per month on the amount payable to her in case of any delay.
