IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R DEVDAS W.P No.22528/2019 (S – KSAT) Between:
Sri Maruti Kalloli Pathrut Alias Maruti Kalloli Aged about 56 years Working as Assistant Conservator of Forest Nagargali Sub-Division Nagargali, Khanapura Taluk Belagavi District, Belagavi. .. Petitioner (By Sri M S Bhagwat, Advocate) And :
1. The State of Karnataka Department of Forest, Ecology and Environment Represented by its Principal Secretary, Department M S Building Bangalore-560001.
2. The Principal Chief Conservator of Forest & Chief of Forest Force Aranya Bhavan, 18th Cross Malleswaram, Bengaluru-560003.
3. Sri C J Mirji Father’s name not known to the petitioner, aged major working as Assistant Conservator of Forests, Ramadurga Sub-Division (Ghattaprabha Territorial Division) Belagavi-591123. ..Respondents (By Sri I Tharanath Poojary, AGA for R1 to R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order dated 8.4.2019 passed by the Hon’ble Karnataka State Administrative Tribunal insofar as Application No.371/2019 (Annexure-A) and consequently allow the application No.371/2019 filed before the Hon’ble Karnataka Sate Administrative Tribunal by the petitioner as prayed for (Annexure-B) This Writ Petition coming on for preliminary hearing this day, DEVDAS J, passed the following:
ORDER Though this matter is coming up for preliminary hearing, with the consent of the learned counsels on both sides, the matter is taken up for final disposal.
2. Sri M S Bhagwat, learned counsel appearing for the petitioner submits that the impugned order passed by the Karnataka Administrative Tribunal is contrary to the settled position of law. Learned counsel submits that the Tribunal, having found that the impugned order of transfer was premature and contrary to the transfer guidelines issued by the State Government, should have proceeded to quash and set aside the order of transfer, but the Tribunal has thought it fit to keep the impugned order of transfer in abeyance till the end of May, 2019.
3. Learned counsel further submits that in innumerable number of cases, this Court and the Hon’ble Supreme Court have held that, where, as on the date of order, it is found that the transfer has been made prematurely, such order requires to be set aside.
4. Learned counsel for the 4th respondent and learned AGA would submit that in fact the order passed by the Tribunal is on the basis of the submission made by the learned counsel, which has been recorded at paragraph-3 in the impugned order passed by the Tribunal.
5. Having heard the learned counsel on both sides, this Court finds that even if it cannot be taken that there was a concession made by the learned counsel as recorded at paragraph-3, the fact remains that minimum tenure of the parties before the Court will be completed by the end of July, 2019. In that view of the matter, this Court is of the opinion that the impugned order requires to be modified, keeping the impugned order of transfer in abeyance till 31st July, 2019 instead of 31st May, 2019.
With these observations, the writ petition stands disposed of.
Learned AGA is permitted to file memo of appearance within four weeks.
SD/- JUDGE SD/- JUDGE Bkm.