IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO.47076 OF 2018 (S-KAT) BETWEEN DR. SHILPA S T BAMS W/O SRI. AJAY KUMAR, AGED ABOUT 41 YEARS, PRESENTLY WORKING AS MEDICAL OFFICER, GOVERNMENT AYURVEDIC DISPENSARY, CHORADI, SHIMOGA TALUK & DISTRICT, ON ORDER OF TRANFER TO MARIGONDANAHALLI, HONNALLI TALUK, DAVANAGERE DISTRICT R/AT NO.183, SRI SHARADHA KRUPA, LSA/LIG, 14TH A CROSS, K.H.B. COLONY, GOPASHETTIKOPPA, SHIMOGA-577 205.
(BY SRI M P SRIKANTH, ADVOCATE FOR SRI PARTHASARATHI M S, ADVOCATE) ... PETITIONER AND 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, (INDIAN MEDICINE), VIKASA SOUDHA, VIDHANA VEEDHI, BANGALORE-560 001.
2. THE DIRECTOR DEPARTMENT OF AYUSH (AYURVEDA, YOGA, NATUROPATHY, UNANI AND SIDDA) ANAND RAO CIRCLE, BANGALORE-560 009.
3. DR.PUSHPALATHA RAIKAR MEDICAL OFFICER, GOVERNMENT AYURVEDIC DISPENSARY THYAGUVALLI, SHIMOGA TALUK AND DISTRICT, PRESENTLY TRANSFERRED TO GOVERNMENT AYURVEDIC DISPENSARY, CHORADI, SHIMOGA TALUK & DISTRICT 577201.
4. DR.SATHISH M.B. MEDICAL OFFICER, GOVERNMENT AYURVEDIC DISPENSARY, SHETTIHALLI, SHIMOGA TALUK AND DISTRICT 577201.
5. DR.GEETHA S KOTEGOWDAR MEDICAL OFFICER, GOVERNMENT AYURVEDIC DISPENSARY, MARIGONDANAHALLI, HONNALLI TALUK, DAVANAGERE DISTRICT, PRESENTLY TRANSFERRED TO GOVERNMENT AYURVEDIC DISPENSARY, THYAJUVALLI, SHIMOGA TALUK & DISTRICT 577201.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 05.09.2018 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL ON APPLICATION NO.3164/2017 AND APPLICATION NO.3618- 19/2017 VIDE ANNX-R AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
ORDER I.A.No.1/2019 is filed for condonation of delay of 38 days in filing the recalling application.
I.A.No.2/2019 is filed for recalling of the order dated 14.06.2019. Instead of issuing notice on interlocutory applications, by allowing the applications we have gone through the order passed by the Tribunal and considered the case on merits.
2. The order of transfer dated 31.05.2017 was the subject matter before the Karnataka State Administrative Tribunal, Bengaluru in Application No.3164/2017 which came to be rejected. Against which, this petition is filed.
3. We have perused the order passed by the Tribunal and we found that the order of transfer dated 31.05.2017 was challenged and it has been rejected in the month of September, 2018, almost one year back and it has been presumed that he must have reported for duty. No grounds are made out for interference at this stage. Even if any infirmities are there in the order, he may get it rectified by filing necessary representation before the respondents and it is for the respondents to do needful in the matter.
With these observations, the petition stands dismissed.
SD/- JUDGE SD/- JUDGE KLY/