Transfer Order is contrary to the Transfer Guidelines and is effected without the approval of the Hon'ble Chief Minister. This Court has also taken cognizance of the fact that the Executive Engineer who was also held accountable for the said untoward incident and was consequentially transferred, was reverted back to the same post. Therefore, on parity, the petitioner is also entitled to be reverted back to the same post. Though learned counsel for respondent Nos.1 and 2 has placed on record a fresh endorsement indicating that the petitioner is transferred to 400 K.V. Receiving Station, Mylasandra, Bengaluru, on 30.01.2024, I am not inclined to take cognizance of the same. When the matter was seized before this Court and when the suspension order was under consideration, there were no administrative exigencies which prompted respondent No.2 to transfer respondent No.5 to the place of the petitioner that too, at his request. Since transfer is effected by contravening the Transfer Guidelines and also the relevant Regulations, I am of the view that the Transfer Order dated 27.11.2023 and the consequent Re-Posting Order dated 08.12.2023 are not sustainable in law and are liable to be quashed.
