IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.44637/2017 (S-KAT) BETWEEN:
SRI.K.KRISHNAPPA S/O LATE KONDAPPA AGE: 46 YEARS WORKING AS LECTURER GOVT. PRE-UNIVERSITY COLLEGE VARTHUR, BENGALURU SOUTH DISTRICT R/AT No.100, RAVI ANANDA NILAYA NEAR MARIYAMMA TEMPLE BALAGERE, BELLANDUR POST BENGALURU-560 087 ...PETITIONER (BY SRI.K.MANJUNATHA RAO BHONSLE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY EDUCATION DEPARTMENT M.S.BUILDING, Dr.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 2. THE DIRECTOR PRE-UNIVERSITY EDUCATION MALLESHWARAM, 18TH CROSS BENGALURU-560 012 …RESPONDENTS (BY SRI.I.THARANATHA POOJARY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD:3.8.2017 VIDE ANNEXURE-B PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AND TO ALLOW THE APPLICATION FILED BY THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Heard. This writ petition is directed against the order dated 3rd August 2017 passed by the Karnataka State Administrative Tribunal, Bangalore rejecting the petitioner’s application in Application No.4436/2017.
2. In the aforementioned application, the petitioner had challenged the order of transfer dated 29th June 2017 transferring him from Pre-University College, Varthur to Pre-University College, Seegehalli, Turuvekere Taluk, Tumkur District.
3. As could be seen from the record, the petitioner was working in the college at Varthur from the last more than ten years and the present transfer was made on the basis of a complaint against the petitioner and the report dated 22.04.2017 submitted by the Deputy Director, Department of P.U.Education, Bangalore South District.
4. On the facts of the case, we find no ground to interfere with the order of the Tribunal in exercise of the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The writ petition is accordingly dismissed.
5. However, as observed by the Tribunal, the petitioner can give a representation to respondent No.2 to transfer him to any other place. It is for respondent No.2 to consider such a request, if made.
Petition dismissed.
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ACTING CHIEF JUSTICE Yn.
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