IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 30TH DAY OF MAY, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO.12843/2019 & W.P. NO.14157/2019 (S-KSAT) BETWEEN SRI. JAGADISH NAIK AGED ABOUT 52 YEARS, WORKING AS DY. COMMISSIONER OF EXCISE, BENGALURU URBAN DISTRICT (SOUTH) BENGALURU R/AT NO.77, 7TH CROSS, JANAPRIYA ABODES, KENCHANAHALLI RAJARAJESHWARI NAGAR, BENGALURU-560098 (BY SRI T PRAKASH, ADVOCATE) AND 1. THE STATE OF KARNATAKA ... PETITIONER REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA BENGALURU-560 001 2. THE EXCISE COMMISSIONER EXCISE DEPARTMENT, 2ND FLOOR, TTMC A BLOCK, BMTC SHANTHINAGAR BENGALURU-560028 3. SRI J GIRI AGE NOT KNOWN WORKING AS DY. COMMISSIONER OF EXCISE, TUMKURU DISTRICT TUMAKURU-572101 ... RESPONDENTS (BY SRI I THARANATH POOJARY, AGA FOR R1 & R2 SRI VIJAY SIMHA REDDY, ADVOCATE FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 15.03.2019 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO.1478/2019 (UNDER ANENXURE-C TO THE WRIT PETITION) AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, DEVDAS J, MADE THE FOLLOWING:
ORDER The petitioner, who was the applicant before the Karnataka State Administrative Tribunal (hereinafter referred to as ‘the Tribunal’ for short), is before this Court calling in question the order of transfer dated 08.03.2019 and the order passed by the Tribunal, rejecting the application.
2. The petitioner was posted as Deputy Commissioner of Excise, Bangalore Urban (South), on 23.11.2017, in the place of one F.H.Chalawadi, who was transferred to Kalaburagi. The said F.H.Chalawadi successfully challenged the order of transfer dated 23.11.2017, however, this Court in W.P.No.42034/2017, by order dated 15.09.2017 set aside a portion of the order passed by the Tribunal which had directed the State Government to continue the said F.H.Chalawadi, in the post of Deputy Commissioner of Excise, Bangalore Urban (South). Therefore, the applicant herein continued as Deputy Commissioner of Excise, Bangalore Urban (South).
3. The third respondent herein, who was working as Deputy Commissioner of Excise, Tumakuru District, was transferred by order dated 08.03.2019, to the place of the petitioner herein, while the petitioner was transferred to Ballari. The Tribunal dismissed the application filed by the petitioner herein having found that while seeking an equitable order, the petitioner had himself not shown equity, in succeeding to stick to the post of Deputy Commissioner of Excise, Bangalore Urban (South), inspite of the order passed by the Tribunal. The Tribunal has also noticed that the petitioner herein has served as Superintendent of Excise, at Bengaluru for a period of six years.
4. It is an admitted fact that the third respondent herein has taken charge as Deputy Commissioner of Excise, Bangalore Urban (South), in the place of the petitioner herein pursuant to the order dated 08.03.2019.
5. We are of the considered opinion that the order passed by the Tribunal is equitable, just and proper. Therefore, having found no merit in the petitions, the same are dismissed.
SD/- JUDGE SD/- JUDGE JT/-