IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.36221/2019 (S-KSAT) BETWEEN:
DR. M.PRAKASH KUMAR S/O A.S.MAHADEVAIAH, AGED ABOUT 59 YEARS, WORKING AS JOINT DIRECTOR (MEDICAL EDUCATION – AYUSH) AYUSH DIRECTORATE, DHANWANTHARI ROAD, BENGALURU - 560 009 ... PETITIONER (BY SRI.M.NAGA PRASANNA, SENIOR COUNSEL FOR SRI.K.PUTTE GOWDA K, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES VIKAS SOUDHA, BENGALURU - 560 001 2. COMMISSIONER AYUSH DIRECTORATE DHANVANTARI ROAD, BENGALURU - 560 009 3. DR.B.S.SHRIDHARA S/O B.S.SUBRAYA AGED ABOUT 53 YEARS, WORKING AS JOINT DIRECTOR (TRAINING CENTER - AYUSH) SUGANNAHALLI RAMANAGARA TALUK & DISTRICT - 562 128) ... RESPONDENTS (BY SRI.H.MOHAN KUMAR, ADV. FOR C/R3; SMT.M.S.PRATHIMA, AGA FOR R1 TO R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS W.P., QUASH ORDER DTD. 2ND AUGUST 2019 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN APPLICATION NO.4192 OF 2019 (UNDER ANNX-A TO THE W.P.) BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND DISMISS APPLICATION NO.4192 OF 2019 FILED BY THE R- 3 BEFORE THE TRIBUNAL (ANNX-A2).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, DEVDAS J, MADE THE FOLLOWING:
O R D E R The order dated 02nd August, 2019 passed in Application No.4192 of 2019 by the Karnataka State Administrative Tribunal, is sought to be assailed in this Writ Petition.
2. Shri M. Naga Prasanna, the learned Senior Counsel appearing for the petitioner draws the attention of this Court to paragraph No.4 in the impugned order to contend that this application was disposed of at the second hearing, noticing that the petitioner who was respondent No.3, had not entered appearance. The ground on which the third respondent herein challenged the order of transfer in Application No.4192 of 2019 before the Tribunal was that he was Professor in Ayurvedic Medicine, and therefore, he could not have been posted to Homeopathic College. The learned Senior Counsel submits that even before the order was passed on 02nd August, 2019, the respondent-State Government had issued a modified order of transfer, recalling the earlier order of transfer by posting Respondent No.3 as Joint Director (Training), Ayush Training Centre, Sugganahalli, Ramanagara.
3. The Third respondent herein has challenged the modified order before the Tribunal in Application No.4498 of 2019.
4. On hearing the learned counsel of both sides, we are of the opinion that the impugned order requires to be set aside in order to enable the Tribunal to consider the case of the parties in view of the modified order issued by the respondent-State Government. In the light of the above, the impugned order is set aside, while the matter stand remanded back to the Tribunal to hear along with the application No.4498 of 2019. Petition is accordingly disposed of.
Sd/- JUDGE Sd/- JUDGE lnn