IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO.57553 OF 2018 (S-KAT) BETWEEN SRI. N. RAVEESHA, S/O NAGARAJU, AGED ABOUT 48 YEARS, WORKING AS ASSISTANT CONTROLLER OF WEIGHTS AND MEASURES, DISTRICT OFFICE BUILDING, GROUND FLOOR, ROOM NO.2, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, BANGALORE- 562 11O.
(BY SRI M. S. BHAGWAT, ADVOCATE) AND …PETITIONER 1. THE STATE OF KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLIES, CONSUMER AFFAIRS AND LEGAL METROLOGY, REPRESENTED BY ITS SECRETARY, VIKASA SOUDHA, BANGALORE- 560001.
2. THE CONTROLLER OF LEGAL METROLOGY NO.1, ALI ASKAR ROAD, P.B.NO.175, BANGALORE- 560 052.
3. SRI. G.N. NARASIMHA MURTHY FATHER’S NAME NOT KNOWN TO THE APPLICANT, AGED MAJOR, WORKING AS ASSISTANT CONTROLLER METROLOGY, INSPECTION SQUAD-II, NO.1, ALI ASKAR ROAD, P.B.NO.175, BANGALORE- 560 052.
…RESPONDENTS (BY SRI I.THARANATH POOJARY, AGA FOR R1 AND R2; SRI. D.V. VIJAYA SIMHA REDDY, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 22.11.2018 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.7623/2018 (ANNEXURE-A), IN SO FAR AS DIRECTION TO THE RESPONDENT NO.2 TO GIVE POSTING TO THE PETITIONER TO THE PLACE OF THE RESPONDENT NO.3 AND CONSEQUENTLY ALLOW THE SAID APPLICATION NO.7623/2018 AS PRAYED FOR BY RESTORING THE POSTING OF THE PETITIONER AS ASSISTANT CONTROLLER OF LEGAL METROLOGY, BANGALORE RURAL DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY.
PRONOUNCEMENT OF ORDERS, THIS DAY, DEVDAS J., MADE THE FOLLOWING:
ORDER The petitioner is before this Court calling in question the impugned order dated 22.11.2018 passed by the Karnataka State Administrative Tribunal (hereinafter referred to as ‘the ‘Tribunal’) in Application No.7623/2018.
2. The petitioner was initially appointed as Inspector of Legal Metrology, in the Department of Legal Metrology, under the Controller of Legal Metrology, in the year 1998. On 22.09.2016, the petitioner was transferred and posted as Inspector of Legal Metrology, Auto and Taxi unit, Head Office, Bengaluru. On 19.05.2018, the petitioner was placed on independent charge under Rule 32 of the Karnataka Civil Service Rules in the higher cadre of Assistant Controller and was posted as Assistant Controller, Weights and Measures, Bangalore Rural District, Bengaluru. It is an admitted fact that the petitioner took charge as Assistant Controller, on 12.06.2018.
3. On 23.10.2018, the petitioner was transferred to Madikeri, Inspection squad-6. The petitioner challenged the order dated 23.10.2018 before the Tribunal in Application No.7623/2018. The Tribunal passed an interim order dated 26.10.2018, directing the parties to maintain status-quo ante. It is submitted by the learned counsel for the petitioner that the petitioner continued to serve as Assistant Controller, Weights and Measures, Bangalore Rural District, by virtue of the interim order. However, by the impugned order dated 22.11.2018, the Tribunal quashed the impugned order of transfer dated 23.10.2018, insofar as it relates to posting of the petitioner to Inspection squad-6, Madikeri, but the posting of the 3rd respondent as Assistant Controller, Bangalore Rural District, was not interfered with. On the other hand, the Tribunal, directed the respondent State Government to consider posting the petitioner herein as Assistant Controller, Inspection squad-II, Ali Askar Road, Bengaluru, which post had fallen vacant on the transfer of the 3rd respondent herein. Being aggrieved, the petitioner is before this Court.
4. During the course of the argument, Sri. Vijaya Simha Reddy D.V., learned counsel for the 3rd respondent placed on record, a memo dated 27.05.2019 along with copies of order dated 18.12.2018, Charge Transfer Certificate (CTC) and Charge list dated 20.12.2018. The learned counsel for the respondent No.3, therefore contended that the petitioner herein has indeed taken charge as Assistant Controller, Inspection squad-II, Ali Askar Road, Bengaluru. It was also contended that the petitioner was posted at Bengaluru since, his father is ailing and was residing at Bengaluru.
5. Sri. M.S.Bhagwat, learned counsel for the petitioner submits that the Tribunal erred in stopping short of quashing the impugned transfer order dated 23.10.2018, after having found that the order of transfer, as regards the petitioner was found to be premature. The petitioner did not request the respondent State Government to post him to Bengaluru city.
6. Having heard the learned counsels for the respective parties and having perused the writ papers, this Court finds that the contention of the petitioner that the impugned order of transfer was premature and contrary to the transfer policy as found in the transfer guidelines dated 07.06.2013, remains uncontroverted by the respondent State Government. Having found that the impugned transfer order runs contrary to the transfer guidelines, the same requires to be quashed insofar as, the petitioner and the 3rd respondent are concerned. Consequently, the subsequent office order dated 18.12.2018, posting the petitioner as Assistant Controller, Inspection squad-II, Ali Askar Road, Bengaluru, shall have no effect.
7. In the light of the above, this Court proceeds to pass the following:
ORDER The writ petition is allowed.
The impugned transfer order dated 23.10.2018, insofar as, it concerns, the petitioner and the 3rd respondent, stands quashed and set aside.
The subsequent order dated 18.12.2018, will have no effect in view of the quashment of the earlier transfer order dated 23.10.2018.
The petitioner and the 3rd respondent shall stand reverted to their respective earlier posts, which they held prior to the transfer order dated 23.10.2018.
No order as to costs.
SD/-
JUDGE SD/-
JUDGE DL