IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER 2019 PRESENT THE HON'BLE MR. JUSTICE S N SATYANARAYANA AND THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM W.P.NO.49927/2019(S-KSAT) BETWEEN:
DR. B.R.HARISH, K.A.S (JUNIOR SCALE) S/O SHRI. RAMA NAIK.B, AGED ABOUT 42 YEARS, WORKING AS ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA, BANGALORE RURAL DISTRICT.
...PETITIONER (BY SRI.A.S.PONNANNA, SR.COUNSEL FOR SRI.PRAKASH TIMMANNA HEBBAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (DPAR), VIDHANA SOUDHA, BANGALORE-560001.
2. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE-560001.
3. SHRI.MANJUNATH .C S/O SHRI. CHINNAPPA, AGED ABOUT 45 YEARS, PRESENTLY WORKING AS ASSISTANT COMMISSIONER, (JUNIOR SCALE-II), DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA AND RESIDING AT NO.58, 2ND FLOOR, 20TH MAIN, ‘G’ BLOCK, SAHAKARANAGAR, BANGALORE-560092.
…RESPONDENTS (BY SRI.ASHOK HARANAHALLI, SR.COUNSEL FOR SRI.G.NAGARAJULU NAIDU, ADVOCATE FOR C/R-3; SMT. SHILPA.S.GOGI, HCGP FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 04.10.2019 PASSED BY THE HON’BLE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.5079/2019 WHICH HAS BEEN PRODUCED AS ANNEXURE-A AS THE SAME IS ILLEGAL ARBITRARY AND UNJUST.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER This petition is by the third respondent in Application No.5079/2019 filed by the third respondent herein.
2. Admittedly, the petitioner herein who was working as Deputy Secretary, BDA, was transferred as Assistant Commissioner, Doddaballapur Sub-Division, Doddaballapur, in which place the third respondent herein who was posted as Assistant Commissioner prior to the order of transfer dated 19.8.2019. The said order of transfer was subject matter of challenge by the third respondent herein in application No.5079/20219 on the file of the Karnataka State Administrative Tribunal at Bengaluru(for short “KSAT”). Besides the same, he had also filed another application in Application No.5580/2019 seeking quashing of the Notification dated 6.9.2019 at Annexure-A4 to the said application.
3. The aforesaid two applications were disposed of by KSAT by its common order dated 4.10.2019 wherein the order of transfer in transferring the petitioner herein to the post of Assistant Commissioner, Doddaballapur, by order dated 19.8.2019 was quashed. While doing so, the order dated 6.9.2019 transferring respondent No.3 as Special LAO, KIADB, Dharwad,, which was subject matter of challenge in the connected application was also quashed. Consequently, the third respondent herein was permitted to continue in the same place where he was prior to the order of transfer dated 19.8.2019 was passed. While passing the aforesaid order in the said application, there was no reference as to which place the petitioner herein should be posted. It is in this background, the said orders are challenged by the petitioner in this writ petition.
4. Subsequent to the filing of this writ petition, the Respondent-State realizing its mistake has given posting to the petitioner as Assistant Commissioner(Admn.), BBMP, Bengaluru. In this view of the matter, the grievance of the petitioner being addressed, nothing survives for consideration in this writ petition.
Accordingly, this petition is dismissed.
Sd/- JUDGE Sd/- JUDGE *alb/-