The High Court quashed the transfer order replacing the petitioner with another officer, holding that the petitioner had not completed the minimum tenure and the State failed to record reasons for premature transfer or obtain necessary approval.
Transfer order dated 01.08.2024 quashed; petitioner's transfer order not given effect to.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 20913 OF 2024 (S-TR)
BETWEEN:
SRI SUHEL TANVEER H A, S/O LATE ABDUL AZEEZ, AGED 47 YEARS, ASSISTANT EXECUTIVE ENGINEER, SUB-DIVISION, KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, SARASWATHIPURAM, JAL BHAVAN, MYSORE - 570 009. …PETITIONER
(BY SRI NAGARAJAPPA A, ADVOCATE)
AND:
Digitally signed 1. THE STATE OF KARNATAKA, by
MARKONAHALLI REPRESENTED BY ITS PRINCIPAL SECRETARY, RAMU PRIYA Location: HIGH DEPARTMENT OF URBAN DEVELOPMENT, COURT OF KARNATAKA KARNATAKA GOVERNMENT SECRETARIAT, IV FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
…RESPONDENTS
(BY SRI PRINCE ISAC, AGA FOR R1; SRI H N SHASHIDHARA, SENIOR ADVOCATE FOR SRI GURUDEV GACHCHINMATH, ADVOCATE FOR R2; SRI NISHANTH A V, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM DTD. 01.08.2024 IN NO.KA.JA.MA/HRD-1/532/2024-25 ISSUED BY THE R-2 IN SO FAR AS TRANSFERRING THE R-3 IN THE PLACE OF PETITIONER MARKED AT ANNX-E.GRANT AN INTERIM ORDER TO STAY THE OFFICIAL MEMORANDUM DTD. 01.08.2024 IN NO. KA.JA.MA/HRD-1/532/2024-25 ISSUED BY THE R-2 MARKED AT ANNX-E TRANSFERRING THE R-3 IN THE PLACE OF THE PETITIONER, PENDING DISPOSAL OF THE ABOVE WRIT PETITION AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has challenged an Official Memorandum dated 01.08.2024, issued by respondent No.2, in so far as it relates to the transfer of respondent No.3 to his place.
petitioner contends that at the instance of the respondent No.1, the respondent No.2 transferred him to the place of the respondent No.3 in terms of an official memorandum dated 31.07.2024. Following this, the respondent No.2 issued an order of transfer dated 01.08.2024, transferring the respondent No.3 to the place of the petitioner. The petitioner is therefore, before this Court challenging his transfer.
NC: 2024:KHC:35366 WP No. 20913 of 2024
office to another within the same headquarters to take up
duties of a new post or in consequence of a change of headquarters."
A note appended to it which reads as follows:
office / unit for one post to another one or desk / compilation to another one under the same head office shall not be treated as transfer."
NC: 2024:KHC:35366 WP No. 20913 of 2024
be effected under guidelines 5(3) on exceptional grounds on the approval of the state government. In the case on hand, there is nothing to record to establish the reasons for premature transfer of the petitioner and also that such premature transfer was approved by the Hon'ble Chief Minister.
issued by the state government. It is also open to respondent No.2 to transfer the petitioner in case it considers it necessary after the petitioner completes his minimum tenure at the
present place where he is working.
Sd/(R. NATARAJ) JUDGE
THM List No.: 1 Sl No.: 18
1 issue framed by the court
Whether the premature transfer of the petitioner to another post was justified and in accordance with service rules?
1 provisions across 1 enactments
Sri Suhel Tanveer H A
The State of Karnataka
The Karnataka Urban Water Supply and Drainage Board
Sri H N Swamy
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
