In this writ petition challenging an order refusing review of a premature transfer in the Forest Department, the High Court held that no interference was warranted.
The writ petition is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 25518 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR AND
THE HON'BLE MR JUSTICE S RACHAIAH WRIT PETITION NO. 25518 OF 2022 (S-KSAT)
BETWEEN:
SRI.MAVINAHOLEAPPA S/O DHANAKAPPA AGED ABOUT 58 YEARS RANGE FOREST OFFICER BHADRAVATHI TERRITORIAL RANGE BHADRAVATHI DIVISON SHIVAMOGGA -577 301 (UNDER ORDER OF TRANSFER) R/AT RFO QUARTERS SHANTHINAGAR RANGE
Digitally signed by SUSHMA LAKSHMI B S Location: HIGH COURT OF KARNATAKA
CHANNAGIRI, DAVANAGERE DISTRICT-577 213 …PETITIONER
(BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE)
AND:
18TH CROSS, MALLESWARAM
WP No. 25518 of 2022
BENGALURU -560 003.
…RESPONDENTS
(BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR MS. SHARADI S. SHETTY, ADVOCATE FOR C/R 3. SRI. VIJAYAKUMAR DESAI, AGA FOR R1 & 2)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a)ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE SIMILAR NATURE QUASHING ORDER BEARING NO.AA.PA.JE.106 AA.AA.SE 2022(E) DATED 02/09/2022 VIDE ANNEXURE-A7 PASSED BY THE 1ST RESPONDENT AUTHORITY AND ORDER BEARING NO.111/202223 DATED 02/09/2022 VIDE ANNEXURE-A8 PASSED BY THE 2ND RESPONDENT AUTHORITY HOLDING THE SAME ARE ILLEGAL AND ARBITRARY AND CONTINUE THE SERVICES OF THE PETITIONER AS RANGE FOREST OFFICER, BHADRAVATHI TERRITORIAL RANGE, BHADRAVATHI DIVISION, SHIVAMOGGA DISTRICT. AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, G.NARENDAR J. , MADE THE FOLLOWING:
WP No. 25518 of 2022
ORDER
Heard the learned counsel for the petitioner and the
learned Senior counsel appearing for learned counsel for respondent No.3/caveator.
discharging duties of Range Forest Officer, Chakra from 28.03.2022 and thereafter, by an order dated 08.08.2022,
he was again transferred to the place of respondent No.3 and the respondent No.3 caveator herein has been transferred to the said post of Range Forest Officer in the ICT Unit of Bhadravathi on 08.08.2022 i.e. well within the minimum period stipulated. The transfer of both the applicant and respondent No.3 being premature albeit with the approval of the Hon’ble Chief Minister, led to a
WP No. 25518 of 2022
challenge being mounted by the respondent No.3 before the Tribunal. That during the pendency of the said application, it appears that the matter was again taken up by the concerned authorities and thereafter, the matter
was again placed before the Hon’ble Chief Minister for recalling the order which was termed to be premature by the respondent No.3 before the Tribunal. On approval of the Hon’ble Chief Minister the transfer order came to be nullified and both were directed to be posted in their respective earlier posts. In other words, the department has doled out substantial justice and admitted and corrected its own error.
WP No. 25518 of 2022
reasons justifying the premature transfer in the first instance and hence the subsequent order is merely a course correction. Hence, we do not find any good ground warranting interference with the order of the Tribunal.
Accordingly, writ petition stands rejected.
Sd/JUDGE
Sd/JUDGE
UN
List No.: 1 Sl No.: 43
1 issue framed by the court
Whether the order of the Tribunal refusing review of a premature transfer in the Karnataka Forest Department requires interference.
SRI MAVINAHOLEAPPA S/O DHANAKAPPA
STATE OF KARNATAKA
THE PRINCIPAL CONSERVATOR OF FOREST
SRI K.B. RAJESH S/O K.B. RUDRAPPA
G. NARENDAR
S RACHAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
