Police sub-inspectors move Karnataka High Court challenging State rules on transfer

109 Police Sub-Inspectors (PSIs) in Karnataka have filed a petition before the Karnataka High Court challenging the validity rules governing transfer requests by such police officers in the State, on the ground that these rules unfairly affect their seniority prospects [KS Sathish v State of Karnataka]..In particular, Rules 3(1)(i), 3(1)(ii), and 3(1)(v) of the State Police Department (Transfer) (Special) Rules, 2022 have been challenged as violative of the Karnataka State Civil Services Act, 1978, and Articles 14 and 16 of the Constitution.The matter was listed today before Justice HT Narendra Prasad, who agreed to hear the case further next week. .The petitioner PSIs are governed by a state-wise gradation list for purposes of seniority, promotion, and career progression. Previously, as per the Karnataka Police Ministerial Services (Recruitment) Rules, 2004, transfer within a cadre did not lead to loss of seniority.However, post the 2022 transfer rules - particularly Rule 3(1)(v) - if a PSI makes a request for a transfer to an identical post in the same cadre, they forfeit seniority in the transferee unit and fall to the bottom of the seniority list, irrespective of the length of his or her service. "The effect of Rule 3(1)(v) is that a PSI with long years of service, upon seeking transfer within the same cadre and to an identical post, is treated as junior to all officers in the transferee unit, including those appointed years later. This results in erasure of accrued seniority, distortion of promotional prospects, and long-term prejudice to career advancement. Such a consequence has no foundation in the Karnataka State Civil Services Act, 1978 or in the governing recruitment rules," the plea said. .The petitioners have also objected to provisions in the 2022 rules that permit transfers "almost exclusively in two narrowly defined categories", namely, only if the PSIs are for (i) ex-servicemen and (ii) in cases where both spouses are in government service. "All other police personnel, including officers with long, meritorious, and unblemished service, as well as those facing genuine hardship, medical exigencies, family circumstances, or where transfer would serve administrative interest, are completely excluded from consideration ... Even the limited categories recognized under Rule 3, namely ex-servicemen and spouses in Government service, are subjected to the manifestly unfair condition of being placed at the bottom of the seniority list upon transfer, thereby compounding the arbitrariness and inequity inherent in the 2022 Transfer Rules," the plea states. .The petition has been filed through Advocate A Mahesh Chowdhary..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.