Sri Raju v. Sri L Shankar
Case brief
What is this about?
BESCOM Stores Keeper Gr.II transfer order dated 12.07.2024 (Hesaraghatta Sub-Division to Kanakapura Divisional Stores) cancelled by order dated 31.07.2024; writ appeals under Section 4 Karnataka High Court Act allowed; Single Judge's order dated 28.11.2024 in W.P.No.21578/2024 c/w W.P.No.24194/2024 set aside; transfer and posting are incidents of service; judicial interference unwarranted absent mala fide or violation of service conditions; respondent No.3 competent to cancel transfer; petitioner due for retirement 31.01.2026 may seek posting near residence; HC Karnataka DB, Justice D K Singh with Justice Tara Vitasta Ganju; decided 28.10.2025; NC: 2025:KHC:43779-DB.
What did the court decide?
Both writ appeals allowed; impugned judgment and order dated 28.11.2024 of the learned Single Judge set aside; respondent No.3 held competent to cancel the transfer order dated 12.07.2024 vide order dated 31.07.2024; petitioner (due for retirement on 31.01.2026) at liberty to apply for posting near his residence, to be considered by the competent authority in accordance with the relevant provisions.