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Karnataka High Court questions conduct of State government in not constituting Civil Services Board even 10 years after apex court’s direction
The High Court of Karnataka on Tuesday observed that the conduct of the State government in not constituting a civil services board (CSB) for posting and transfer of Indian Administrative Service (IAS) officers is ‘no less than contumacious’ as the apex court had given a direction in this regard way back in 2013, and the High Court had nudged the government in 2021 by giving two months to set up the CSB.
A Division Bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind made these observations while hearing a PIL petition, filed by Rishab Trakroo, a city-based advocate. The petitioner has sought a direction to the State government to immediately constitute the CSB while pointing out that the government had blatantly ignored the directions issued by both the apex court and the High Court.
Cannot sit tight
The Bench orally said the government cannot sit tight over 10 years while pointing out that the conduct of the government amounts to contempt of directions issued by the apex court. The Bench directed the government to submit its response by September 11.
The apex court in its 2013 judgment in T.S.R. Subramaniam’s case had directed the Central government, all the State governments and the Union Territories to set up the CSB to control the posting and transfer of IAS officers. Following this, the Union government amended the Indian Administrative Service (Cadre) Rules, 1954, with effect from January 28, 2014, creating the CSB and fixing minimum tenure for IAS officers.
Notification
The State government too had issued a notification on January 31, 2014, creating the State CSB in terms of the apex court’s directions. However, the State Cabinet, on March 3, 2014, decided to keep the January 31, 2014 notification in abeyance and “to continue the conventions being followed previously” on the posting of IAS officers.
The High Court, on a petition filed by Sharath B., an IAS officer, who had questioned his transfer sans constituting the CSB, on July 8, 2021 had directed the government to set up the CSB within months.
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