IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 PRESENT THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON'BLE MR.JUSTICE R.DEVDAS WRIT APPEAL NO.6655 OF 2017 (S-TR) BETWEEN:
R.SURESH, C/O.CHANDRASHEKAR, AGED ABOUT 55 YEARS, RESIDING AT NO.181, 1ST CROSS, RAMANJANEYA NAGAR, COWL BAZAAR, BALLARI – 583 101.
...APPELLANT (BY SRI SHAILENDRA M.R, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPT., VIKASA SOUDHA, BENGALURU – 560001.
2. THE UNDER SECRETARY IN-CHARGE SOCIAL WELFARE DEPT., VIKASA SOUDHA, BENGALURU – 560001.
3. MANAGING DIRECTOR, KARNATAKA MAHARSHI VALMIKI SCHEDULED TRIBES DEVELOPMENT CORPORATION LIMITED, KHADI BHAVAN, JASHMADEVI ROAD, VASANTHANAGAR, BENGALURU – 560052.
4. P.JAGADEESH, DISTRICT MANAGER, KARNATAKA MAHARSHI VALMIKI SCHEDULED TRIBES DEVELOPMENT CORPORATION LIMITED, DAVANGERE – 577002.
…RESPONDENTS (BY SRI I.THARANATH POOJARY, AGA FOR R1 & R2, SRI C.JAGADISH, ADVOCATE FOR R3, SRI T.P.VIVEKANANDA, ADVOCATE FOR C/R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.49649/2017 (S-TR) DATED 14.11.2017 AND ALLOW THE WRIT PETITION BY GRANTING THE PRAYERS SOUGHT FOR BY THE APPELLANT.
THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:-
JUDGMENT This appeal is preferred by the appellant/petitioner challenging the order dated 14.11.2017 passed in W.P.No.49649/2017 by learned Single Judge.
2. The order of transfer dated 11.10.2017 is the subject matter of the writ petition, which came to be dismissed. The appellant states that the transfer guidelines are mandatory in nature and premature transfers are impermissible. Though the said aspects have been pleaded before the learned Single Judge, the same were not considered.
3. We have heard the learned counsel for both parties and gone through the records.
4. It is found that the appellant was transferred about 1 ½ years ago and by this time the Government must have passed the necessary orders and the appellant must have been working in the place, where he got transferred, since then. Hence, it is not appropriate to interfere with the transfer order at this point of time. Accordingly, the appeal stands rejected.
In view of disposal of the main appeal, I.A.No.1/2017 does not survive for consideration, accordingly, same is dismissed.
Sd/- JUDGE Sd/- JUDGE BSR