Charge sheet was dismissed by Defense Service employee. The appellant challenged posting order. Bench declined indulgence and dismissed the appeal.
Costs made easy.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 1140 OF 2023 (S-RES)
BETWEEN:
RANGASWAMY. B. T. S/O T THOPIRANGAIAH, AGED ABOUT 35 YEARS, AIR FORCE STATION JALAHALLI, JAHALLI EAST, BANGALORE 560 013.
…APPELLANT
(BY MS. M L SUVRNA., ADVOCATE FOR SRI. PUTTE GOWDA K.,ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:40311-DB WA No. 1140 of 2023
…RESPONDENTS
(BY SRI. MADHUKAR M DESHPANDE.,ADVOCATE)
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL SET ASIDE THE ORDER DATED 22.08.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-6882/2023 AND ALLOW WP No-6882/2023 AS PRAYED FOR BY THE APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY, INCLUDING THE AWARD OF COSTS.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
This intra-court appeal seeks to lay a challenge to a learned Single Judge's order dated 22.08.2023 whereby the appellant’s W.P.No.6882/2023 (S-RES) has been negatived. In the said writ petition, appellant had laid a challenge to his posting order dated 29.12.2022 and the communication dated 03.03.2023.
the impugned order has brought about an unjust result and a lot of hardship will be occasioned to his client if the same is not set at naught. Learned CGC appearing for the
official respondents resists the appeal contending that the subject matter relates to the posting of an employee in the Defence Service namely, Indian Air Force; the policy of request posting cannot be invoked as a matter of right, a host of factors entering the fray of decision making; the appellant had given an undertaking that the compassionate posting was confined to a period of only two years and therefore, no extension could be sought for.
consistent with the Defense requirements and a writ court cannot undertake a deeper examination of the matter. This idea has inarticulately animated the impugned order of the learned Single Judge.
In the above circumstances, this appeal being devoid of merits is liable to be and accordingly dismissed, costs having been made easy.
Sd/CHIEF JUSTICE
Sd/JUDGE
Snb,KPS List No.: 2 Sl No.: 12
2 issues framed by the court
Whether the posting order of a defense employee should be set aside against the policy of request posting tenure limits.
Whether the writ court can undertake deeper examination of defense service posting matters.
1 provisions across 1 enactments
Rangaswamy B.T.
Union of India
Air Force Record Office Co-ordinator
Air Force Commanding Officer
Group Captain OCI C3
Prasanna B. Varale
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
