Jayanaik M B Vs State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND QUASH THE NOTIFICATION/ORDER DATED 30/08/2025 BEARING NO NA.A.E175 TME 2025 (E) VIDE ANNEXURE B TO THE WRIT PETITION AND, IN SO FAR PETITIONER IS CONCERNED AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the transfer order dated 30.08.2025 vide Annexure-B issued by the first respondent, in so far as the petitioner is concerned.

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The petitioner was working as an Accounts Superintendent in the fourth respondent - City Municipal Council. By the impugned order, vide Annexure-B, he was transferred from Chamarajanagara Municipal Council to Gokak Municipal Council.

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The main contention urged by the learned counsel for the petitioner is that, the impugned transfer order is

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3 - NC: 2025:KHC:36421 WP No. 27343 of 2025

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HC-KAR

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passed at the middle of the academic year, after the last date of general transfers. In view of the transfer guidelines, the transfer order was passed without jurisdiction.

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On instructions, the learned AGA submitted that on the administrative exigency, the impugned transfer order has been passed after taking the approval of the Chief Minister. To that effect, he has produced the original records. From the records, it is very clear that the Chief Minister has approved the transfer order. Therefore, there is no illegality or error in the transfer order passed by the respondents.

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Hence, the petition is liable to be dismissed. Accordingly, it is dismissed.

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At this stage, the learned counsel for the petitioner submits that, from the date of transfer order, the competent authority has not relieved him from the service.

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