IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.27056/2019 (S-KSAT) BETWEEN:
SRI K.M. VENUGOPAL S/O LATE SRI MALAPPA AGED ABOUT 37 YEARS WORKING AS FIRST DIVISION ASSISTANT O/o. JOINT DIRECTOR OF EPIDOMOLOGY ANIMAL HUSBANDRY AND VETERINARY SERVICES HEBBAL BENGALURU – 560 024.
(BY SRI M.V. HIREMATH, ADVOCATE) AND:
1. THE PRINCIPAL SECRETARY DEPARTMENT OF ANIMAL HUSBANDRY & FISHERIES GOVERNMENT OF KARNATAKA VIKAS SOUDHA, IV FLOOR BENGALURU – 560 001.
2. THE COMMISSIONER DEPARTMENT OF ANIMAL HUSBANDRY & VETERINARY SERVICES T.V. TOWER, II FLOOR …PETITIONER DR. AMBEDKAR VEEDHI BENGALURU – 560 001.
(BY SMT. ANITHA N., HCGP) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:18.06.2019 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AS PER ANNEXURE-A IN APPLICATION NO.3576/2019 BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI AND ETC.
THIS WRIT PETITON COMING ON FOR ORDERS THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
ORDER This writ petition is filed to quash the impugned order dated 18.06.2019 passed by the Karnataka State Administrative Tribunal in Application No.3576/2019, whereby the Tribunal has rejected the application filed by the petitioner.
2. Learned counsel for the petitioner submits that the petitioner was elected as an office bearer of the Karnataka State Employees Association on 15.06.2019. As per the Government Order dated 31.05.2019, the petitioner was exempted from transfer during the course of his office as an elected office bearer. The Tribunal without taking note of the said Government Order dated 31.05.2019, proceeded to reject the application of the petitioner. Hence, learned counsel seeks for quashing of the transfer order of the petitioner.
3. Learned AGA submitted that the Government Order referred to by the petitioner appears to be only for a period of one term and the transfer order was passed prior to the petitioner being elected as an office bearer of the Karnataka State Employees Association. Hence, learned AGA seeks for dismissal of the petition.
4. We have heard learned counsel for the petitioner and learned AGA for the respondents.
5. The facts are not in dispute. The Government Order dated 31.05.2019 applies for a period of one term and it is not applicable to the second term and the second submission of the respondent is that the transfer order was passed even before the petitioner being elected as an office bearer. In the facts and circumstances of the case, it is appropriate to the petitioner to approach the respondents by filing a representation within a period of one week from today. If such representation is made, respondents shall consider and pass appropriate orders within a period of three weeks thereafter. Till then, the transfer order is stayed, if the petitioner is not already relieved.
Accordingly, petition stands disposed of.
Learned AGA is permitted to file memo of appearance within a period of six weeks.
SD/- JUDGE SD/- JUDGE ca