IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50438 OF 2019 (S-TR) BETWEEN:
SRI YADURAJ N.S., AGED ABOUT 54 YEARS, SON OF LATE SUBBALINGE GOWDA, RESIDING AT NO.30, 21ST CROSS, ITTAMADU MAIN ROAD, 3RD PHASE, BANASHANKARI, BENGALURU-560 085.
(BY SRI. G.R.MOHAN, ADVOCATE) AND:
... PETITIONER 1 . THE STATE OF KARNATAKA, PRIMARY AND SECONDARY EDUCATION DEPARTMENT, M.S. BUILDING, BENGALURU-560 001, BY ITS PRINCIPAL SECRETARY.
2 . THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTION, K.R. CIRCLE, BENGALURU-560 001.
3 . THE DEPUTY DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS, BENGALURU SOUTH DISTRICT, KALASIPALYA, BENGALURU-560 002.
(BY SRI. C.N.MAHEDESHWARAN, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TRANSFER ORDER DATED 09.9.2019 COMMNUNICATED VIDE LETTER DATED 11.09.2019 AS PER ANNEXURE-H SINCE THE PETITIONER BEING THE ELECTED OFFICE BEARER OF THE KARNATAKA STATE PRMINARY SCHOOL TEACHERS ASSOCIATION AS THE SAME IS IN VIOLATION OF ARTICLES 14 AND 19(1)(c) OF THE CONSTITUTION OF INDIA; AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner’s grievance in this writ court can be entertained by the Karnataka Administrative Tribunal under Section 19 of the Administrative Tribunals Act, 1985 as held by the Apex Court in the case of S.P. SAMPATH KUMAR VS UNION OF INDIA & ORS, 1987 SCR (3) 233.
However, to enable the petitioner to avail this alternate remedy provided by the Statute, it is directed that the respondents shall not take any precipitatory action pursuant to the impugned order dated 11.09.2019, a copy whereof is at Annexure-H for a period of three weeks.
Accordingly, the writ petition is disposed off accordingly.
Sd/- JUDGE DS