A Senior Health Inspector challenged his transfer notification dated 16.12.2019 under Article 226. The court noted the two-year transfer tenure had elapsed and no interim order was granted, so the petition did not survive and was dismissed as infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1358 OF 2020 (S-TR)
BETWEEN:
SRI. T. ANJANEYA S/O LATE THIPPIGA AGED ABOUT 52 YEARS, WORKING AS SENIOR HEALTH INSPECTOR WARD NO.120 AT OFFICE OF MEDICAL OFFICER GANDHINAGAR BANGALORE-560 009.
…PETITIONER
(BY SRI. NARAYANA S., ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:6480 WP No. 1358 of 2020
AT OFFICE OF MEDICAL OFFICER GANDHINAGAR BANGALORE-560009.
…RESPONDENTS
(BY SMT. M R SINCHANA, ADVOCATE FOR R1 AND R2; R3 SERVED)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER NO: Jam.A(pa) PR/451/2019-20 DTD.16.12.2019 PASSED BY R-2 (ANENXURE-C) AND ORDER NO. A Y (GA NA)EC/PR 302/19-20 DTD.24.12.2019 PASSED BY MEDICAL OFFICER, GANDHINAGAR ZONE, BBMP TULASI TOTA, BANGALORE-53 (ANNEXURE-D) INSOFAR AS PETITIONER AND R-3 ARE CONCERNED AND DIRECT THE R-2 TO CONTINUE AT WARD NO.120 BY CONSIDERING THE REPRESENTATION DTD.1.1.2020 (ANNEXURE-E) AND TO GRANT ALL CONSEQUENTIAL BENEFITS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRL. HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner who belongs to Group ‘B’ cadre has assailed the impugned transfer notification dated 16.12.2019. The tenure is two years. This Court even
NC: 2024:KHC:6480 WP No. 1358 of 2020
otherwise was not inclined to grant any interim order. Therefore, the captioned petition does not survive for consideration.
Accordingly, writ petition is dismissed as having become infructuous.
Sd/JUDGE
CA List No.: 2 Sl No.: 11
1 issue framed by the court
Whether the transfer order dated 16.12.2019 affecting the petitioner could be challenged despite the two-year tenure having elapsed.
1 provisions across 1 enactments
T. Anjaneya
The Commissioner, Bangalore Bruhuth Mahanagara Palike
Joint Commissioner, Bangalore Bruhuth Mahanagara Palike
Lakshmana Rao
Sachin Shankar Magadum
As recorded by the court registry
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