IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.46256 OF 2019 (S-TR) BETWEEN:
MR. NAGABHUSHAN B S/O BHEEMAIAH AGED ABOUT 47 YEARS ASSISTANT EXECUTIVE ENGINEER PRESENTLY WORKING AT OPERATION & MAINTENANCE SUB-DIVISION BESCOM, JIGANI ANEKAL TALUK-560 105 …PETITIONER (BY SHRI. D.N. NANJUNDA REDDY, SENIOR ADVOCATE FOR SHRI. REUBEN JACOB, ADVOCATE) AND:
1. KARNATAKA POWER TRANSMISSION COMPANY LIMITED CORPORATE OFFICE, KPTCL KAVERI BHAVAN K.G.ROAD BENGALURU-560 009 REPRESENTED BY ITS MANAGING DIRETOR 2. THE DIRECTOR (ADMINISTRATION & HUMAN RESOURCES) KARNATAKA POWER TRANSMISSION COMPANY LIMITED KAVERI BHAVAN, K.G.ROAD BENGALURU-560 009 3. MR PRASANNA KUMAR MAJOR ASSISTANT EXECUTIVE ENGINEER PRESENTLY WORKING AT OPERATION & MAINTENANCE DIVISION BESCOM, HSR LAYOUT BENGALURU-560102 ... RESPONDENTS (BY SHRI. A. CHANDRACHUD, ADVOCATE FOR R1 & R2; SHRI. P.H. VIRUPAKSHAIAH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM DTD:20.09.2019 ISSUED BY THE R-2 VIDE ANNEXURE-B IN SO FAR AS TRANSFERRING THE PETITIONER FROM OPERATION AND MAINTENANCE SUB-DIVISION, BESCOM, JIGANI, TO OPERATION AND MAINTENANCE DIVISION, BESCOM, HSR LAYOUT, BENGALURU AND POSTING THE R-3 IN PLACE OF THE PETITIONER.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri D.N.Nanjunda Reddy, learned Senior Advocate for petitioner, Shri A.Chandrachud, learned advocate for respondents No.1 & 2 and Shri P.H.Virupakshaiah, learned advocate for respondent No.3.
2. Shri Nanjunda Reddy, submitted that petitioner was posted as Assistant Executive Engineer, BESCOM in Jigani by order dated 16th April, 2018. He reported for duty on 23rd April, 2018.
By order dated 20th September, 2019, petitioner has been transferred from Jigani to HSR Layout. The said transfer is contrary to Clause 9 of Transfer Guidelines dated 07.06.2013.
3. Shri Virupakshaiah, learned advocate for respondent No.3 submitted that respondent No.3 was posted to the place, where petitioner was working. He has already taken charge.
4. On the last date of hearing, learned advocate for respondents No.1 & 2 produced records to show that approval of the Chief Minister was taken to effect premature transfer. In his usual fairness, learned advocate for KPTCL submits that the Chief Minister’s approval has not been taken.
5. In view of the above, transfer of the petitioner is clearly in violation of Government Transfer Guidelines. Hence, the following;
ORDER (i) Order dated 20th September, 2019, (Annexure-B) so far as it relates to the petitioner is set-aside;
(ii) KPTCL shall post respondent No.3 in a suitable post within a period of two weeks from today; and (iii) Petition disposed of accordingly.
No costs.
Sd/- JUDGE AV