IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2017 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE N K SUDHINDRARAO WRIT PETITION NO.871/2017(S-KAT) BETWEEN:
DR RAJKUMAR S. YARAGAL S/O SHEELABHADRA Y. YARAGAL, AGED ABOUT 47 YEARS, WORKING AS DISTRICT HEALTH OFFICER, DISTRICT ADMINISTRATIVE COMPLEX, NAVNAGAR, BAGALKOT, R/AT NO.90, SECTOR-61, NAVNAGAR, BAGALKOT BAGALKOT DISTRICT ...PETITIONER (BY SRI.VIJAYA KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE SERVICES DEPARTMENT VIKAS SOUDHA, BANGALORE 560001 2. THE COMMISSIONER HEALTH & FAMILY WELFARE SERVICES DEPARTMENT ANANDRAO CIRCLE, BANGALORE-560009 3. DR JAGADEESH NUCHIN DISTRICT SURVEILLANCE OFFICER, BELGAUM, BELGAUM DISTRICT-590001 ...RESPONDENTS (BY SRI.D.NAGARAJ, AGA FOR R1 & R2; SRI.S.V.NARASIMHAN, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO THE IMPUGNED ORDER DTD:2.1.2017 PASSED IN APPLICATION NO.9055/2016 ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE [ANNEXURE-A] AND ALLOW THE APPLICATION AS PRAYED FOR AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, JAYANT PATEL J., PASSED THE FOLLOWING:
ORDER The present petition is directed against the order dated 02.01.2017 passed by the Karnataka State Administrative Tribunal (hereinafter referred to as ‘the Tribunal’ for the sake of brevity), whereby the Tribunal while dismissing the application had directed the petitioner to hand over the charge of District Health Officer, Bagalkot to respondent No.3 and had further directed the petitioner to report as District Surveillance Officer, Belgaum.
2. This Court on 13.01.2017 when considered the matter had passed the following order:
“Notice returnable on 30th January 2017.
Mr.D.Nagaraj, learned AGA waives notice for respondent Nos.1 and 2.
Mr.S.V.Narasimhan, learned Counsel for Mr.Madhusudan M., waives notice for respondent No.3.
By interim order, the operation and implementation of the order passed by the Karnataka State Administrative Tribunal shall remain stayed.”
3. Today learned Additional Government Advocate has tendered a memo dated 27.02.2017, whereby it has been declared that the Government has prepared a draft order for withdrawal of the earlier transfer order of the petitioner as well as of respondent No.3 and they are to be posted at different places, but, as there is an interim stay, the Government has not passed any formal order. The learned AGA further states that the appropriate order shall be passed including that for posting of the petitioner and respondent No.3 at different places within a period of ten days from today if so permitted by this Court.
4. In view of the above, we permit the Government to pass the order for withdrawal of the impugned transfer order which was subject matter before the Tribunal and to pass further order for posting of the petitioner as well as of respondent No.3 on the basis of administrative exigencies and as per the transfer policy and in accordance with law. Such order shall be passed within ten days from today and till the posting orders are passed, the interim relief shall continue with the aforesaid modification.
5. Under the circumstances, the cause for the petitioner would not survive.
6. Petition shall stand disposed of accordingly.
However, it is observed that in the event, the petitioner or respondent No.3 is aggrieved by the order of the Government for their posting, it would be for the concerned employee to resort to appropriate proceedings before the appropriate forum.
8. Petition disposed of accordingly.
Sd/- JUDGE Sd/- JUDGE JT/-