IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.12831 OF 2019 ( S-TR) Between:
Sri.V.Sridhar, S/o M.Venkatesh, Aged about 55 years, Occ: Tax Inspector, BBMP, K.R.Pura Sub-Division, K.R.Pura, Benglauru – 36.
R/at Door No.295, 4th East Line, ITI Colony, K.R.Puram, Bengaluru – 560 036.
(By Sri.Vijaya Krishna Bhat.M, Advocate) And:
1. The State of Karnataka, Rep. by its Principal Secretary, Urban Development Department, Vikasa Soudha, Bengaluru – 560 001.
2. The Commissioner, Bruhat Bengaluru Mahanagara Palike, Kittooru Rani Channamma Circle, N.R.Square, Bengaluru – 560 002.
…Petitioner 3. The Joint Commissioner, Mahadevapura Division, Mahadevapura, Bengaluru – 48.
4. Sri.Chandrappa, Age: Major, Occ: Evaluator, Office of the Assistant Revenue Officer, Marathhalli Sub-Division, Bengaluru – 560 067.
…Respondents (By Sri.M.S.Prathima, AGA for R-1;
Sri.B.S.Gautham, Advocate for R-2 and R-3 R-4 is deleted v/o dated 01.04.2019) This Writ Petition is filed under Articles 226 and 227 of Constitution of India, praying to quash the impugned office order dated 15.03.2019 Annexure-B issued by the R-3 insofar as the petitioner and the R-4 are concerned and etc.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER In the instant petition, petitioner has assailed the order dated 15.03.2019 (Annexure-B) issued by respondent No.3.
2. Petitioner, while working as Assistant Revenue Officer at Shanthinagar Sub-Division, was transferred and posted to K.R. Puram Sub-Division on 26.09.2018 in the interest of public. In the guise of Lok-Sabha Elections, petitioner had been transferred from K.R. Puram Sub-Division to Marathhalli Sub- Division. Undisputed facts are that transfer of petitioner from K.R. Puram to Marathhalli is premature as he has not completed three years of service at K.R. Puram. In the guise of Lok-Sabha Elections and public interest, petitioner was transferred to Marathhalli. Official respondent retained the petitioner at Marathhalli Sub- Division but, as and when the Lok-Sabha elections were over, petitioner should have been transferred back to K.R.Puram Sub-Division as he had not completed minimum service of three years.
3. In view of these facts and circumstances, office order dated 15.03.2019 issued by respondent No.3 is set-aside. Petitioner shall be retained at K.R.Puram Sub-Division, if he is otherwise entitle to with reference to transfer policy. Accordingly, writ petition is allowed.
Sd/- JUDGE MBM