IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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.26552/2017 (S-KAT) BETWEEN:
SRI SHIVAPPA H.LAMANI S/O SRI HABAPPA LAMANI AGED ABOUT 51 YEARS PRESENTLY WORKING AS TAHSILDAR GRADE I OFFICE OF THE DIRECTORATE OF SOCIAL SECURITY AND PENSION SCHEME KANDAYA BHAVANA K G ROAD BENGALURU-560 009 ...PETITIONER (BY SRI K.SUBBA RAO, SENIOR ADVOCATE FOR SRI SATHEESH K.N., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS DR.AMBEDKAR VEEDHI BENGALURU-560 001 2. THE UNDER SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M.S.BUILDINGS DR.AMBEDKAR VEEDHI BENGALURU-560 001 3. SRI MANJUNATH B.R.
NOW WORKING AS TAHSILDAR BENGALURU NORTH (ADDL.) TALUK YELAHANKA BENGALURU-560 064 …RESPONDENTS (BY SRI A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL FOR MS. M.S.PRATHIMA, AGA FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.04.2017 MADE IN APPLICATION NO.9046/2016 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE AT ANNEXURE-E AS THE SAID ORDER SUFFERS FROM ERRORS OF LAW WHICH ARE APPARENT ON THE FACE OF THE RECORD AND THE ORDER OF THE KAT IS MANIFESTLY ILLEGAL ETC.
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. This writ petition is directed against the order dated 28.04.2017 (Annexure-E) passed by the Karnataka State Administrative Tribunal dismissing application No.9046/2016 filed by the petitioner. In the said application, the petitioner has challenged transfer order dated 16.09.2016 transferring him to another office in Bengaluru. The Administrative Tribunal, on a detailed consideration of the matter, did not find any ground to interfere with the aforesaid transfer order.
2. We have heard Sri K.Subba Rao, learned Senior Advocate appearing for the petitioner and Sri A.S.Ponnanna, learned Additional Advocate General appearing for respondent nos.1 and 2. Sri K.Subba Rao, learned Senior Advocate inter alia submitted that by the transfer the petitioner is demoted from Tahsildar Grade-I to Tahsildar Grade-II.
3. The learned Additional Advocate General submits that the petitioner, by the transfer order dated 16.09.2016, is not demoted and his official status after the transfer is not changed. His submission is placed on record.
4. As could be seen from the transfer order dated 16.09.2016, four departmental enquiries and a ‘trap’ case are pending against the petitioner. On the facts of the case, we find no ground to interfere with the order of the Administrative Tribunal. The writ petition is accordingly dismissed. In view of dismissal of the writ petition, I.A.No.3/2017 does not survive for consideration; it stands disposed of accordingly.
Petition dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE bkv