The Karnataka state government has modified its guidelines regarding the transfer of state government employees, following a recent High Court ruling.
The policy shift comes after K. Arun Kumar, a Deputy Commissioner of Excise under the Finance Department, approached the High Court to challenge his transfer, which had been executed without assigning him a new posting. In response to the High Court's judgment dated January 30, 2026, the government issued a circular instructing all Additional Chief Secretaries, Principal Secretaries, Secretaries, and departmental heads to strictly ensure that no employee is left waiting for a posting. The directive explicitly warns that if any authority violates these instructions by putting an employee on mandatory waiting periods without a designation, the salary and allowances paid during that period will be recovered directly from the responsible competent authority.
Under the general transfer guidelines issued annually by the state government, transfer powers for Group 'A' and 'B' officers rest with the respective departmental ministers, while Group 'C' and 'D' staff transfers are handled by their respective appointing authorities. However, acknowledging the practical challenges and administrative hurdles where immediate placement is occasionally impossible, the government has withdrawn its previous circular dated March 30, 2026, replacing it with these new regulations.
According to the updated guidelines, no official or employee can generally be transferred without specifying their next posting. Exceptions are made for cases involving legal issues, suspensions, financial misappropriation, severe departmental inquiries, or grave allegations. In other unavoidable administrative circumstances where immediate posting is not feasible, the competent authority cannot keep the transferred employee on a mandatory waiting period for more than one month. If administrative necessity requires extending this waiting period beyond a month, the competent authority must record the reasons in writing and obtain prior approval from the Chief Minister, limiting the total mandatory waiting duration to a maximum of three months.
