IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.45707 OF 2018 (S-TR) BETWEEN:
SRI PUTTAPPA B.S. S/O BHARAMAPPA, AGED ABOUT 45 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED PRESENTLY WORKING ON DEPUTATION IN THE OFFICE OF ‘OPERATIONS AND MAINTENANCE’ SUB-DIVISION-1, BESCOM, CHANDAPURA-560 100.
RESIDING AT FLAT NO.15, 5TH FLOOR, JAI BHAVANI RESIDENCY, 2ND PHASE, 10TH CROSS, ANANTH NAGAR, HUSKUR GATE, OPPO. AKRUTI AMITI, KAMMASANDRA, ELECTRONIC CITY, BENGALURU-560 100. …PETITIONER (BY SRI JAYANTH DEVKUMAR, ADVOCATE ) AND:
1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CORPORATE OFFICE, KAVERI BHAVAN, BENGALURU-560 009 REPT. BY ITS MANAGING DIRECTOR.
2. THE DIRECTOR (ADMINISTRATION AND HUMAN RESOURCES) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED KAVERI BHAVAN, BENGALURU-560 009.
3. BENGALURU ELECTRICITY SUPPLY COMPANY CORPORATE OFFICE, K.R. CIRCLE, BENGALURU-560 001 REPT. BY ITS MANAGING DIRECTOR.
4. SRI SASHIDHAR M.K.
220 KV RECEIVING STATION, KPTCL, HOODI-560 100. ... RESPONDENTS (BY SMT. SHUBHA. S, ADVOCATE FOR R-1 AND R-2; SRI G.C.SHANMUKHA, ADVOCATE FOR R-3;
SRI VACHAN.B, ADVOCATE FOR C/R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO THE OFFICE MEMORANDUM DTD. 04.10.2018 (ANNEXURE-G) PASSED BY THE R-2 AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant petition, the petitioner has assailed the order of transfer dated 04.10.2018 (Annexure-G) by which he has been transferred from Chandapura to Hoodi. There is no interim order. In the meanwhile on 05.10.2018 incumbent has reported for duty to Chandapura. Even after filing of the present petition, the petitioner has not reported to duty at Hoodi under protest.
2. During the pendency of the present petition, under order of posting, the petitioner was once again transferred from Hoodi to Sathnuru on 11.12.2018 (Annexure-Q). The petitioner has filed amended writ petition in questioning Annexure-Q, which was allowed.
3. Learned counsel for the petitioner vehemently contended that the petitioner has been displaced from Chandapura prematurely and contrary to the Government order. Further it was submitted that he had submitted a leave application on 23.10.2018 for a period from 04.10.2018 to 05.11.2018. In this background, whether the petitioner is entitled to the relief sought for in the present petition or not, which is required to be examined.
4. Undisputedly, the petitioner was displaced from Chandapura on 04.10.2018 and incumbent has taken charge on 05.10.2018, petitioner was required to report at Hoodi, which is a transferred place within a reasonable period of seven days from the date of transfer. In the absence of any interim order of this Court, the petitioner slept over the matter for the first time and on 23.10.2018, he submitted leave application for the period from 06.10.2018 to 05.11.2018. The petitioner, being a Class-I Officer has failed to give necessary information to his employer for his unauthorized absence during the period from 06.10.2018 to 05.11.2018. The date on which, he submitted leave application on 23.10.2018 and having regard to the conduct of the petitioner, he is not entitled for relief sought in the present petition.
Accordingly, the petition stands dismissed.
Sd/- JUDGE HA/-