IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9614 OF 2019 (GM-RES) BETWEEN:
MR. M. PAPE GOWDA SUPERINTENDENT, AGED ABOUT 57 YEARS KARNATAKA FOREST DEVELOPMENT CORPORATION CHIKKAMAGALURU DIVISION R/AT NO.25, 11TH ‘B’ CROSS JAKKUR LAYOUT BANGALORE-560 064 … PETITIONER (By SRI NITIN A.M., ADVOCATE) AND 1. STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FOREST ENVIRONMENT AND CLIMATE CHANGE M.S. BUILDING BANGALORE-560 001 2. DEPARTMENT OF FOREST ENVIRONMENT AND CLIMATE CHANGE REP. BY ITS PRINCIPAL CHIEF CONSERVATOR OF FORESTS ARANYA BHAVAN, 18TH CROSS MALLESHWARAM BENGALURU-560 003 3. KARNATAKA FOREST DEVELOPMENT CORPORATION REP. BY ITS MANAGING DIRECTOR VANA VIKAS, 1ST FLOOR 18TH CROSS, MALLESHWARAM BANGALORE-560 003 ... RESPONDENTS (BY SRI Y.D. HARSHA, AGA) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO TRANSFER BACK THE PETITIONER TO THE HEAD OFFICE FROM HIS CURRENT PLACE OF POSTING I.E., CHIKKAMAGALURU DIVISION, SINCE THE PETITIONER HAS THREAT TO HIS LIFE AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Nitin A.M., learned Counsel for the petitioner.
Sri Y.D.Harsha, learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a direction to respondent No.3 to transfer back the petitioner to the Head Office from his current place of posting i.e. Chikkamagaluru division as the petitioner has threat to his life.
4. When the matter was taken up today, learned Counsel for the petitioner submitted that the petitioner be granted a liberty to submit a fresh representation with regard to his grievance to the Competent Authority and the writ petition may be disposed of with a direction to the Competent Authority to consider the said representation submitted by the petitioner by a speaking order in accordance with law.
5. On the other hand, learned Additional Government Advocate submits that in case if such representation is submitted, the same shall be dealt with in accordance with law by the Competent Authority.
6. In view of the submissions made and in the facts of the case, the petition is disposed of with a direction to the Competent Authority to consider and decide the representation submitted by the petitioner by a speaking order within three months from the date of such representation.
It is made clear that this Court has not expressed its opinion on merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE LB