Sri Manja Naik R Vs State of Karnataka

SRI. MANJA NAIK R S/O REKYA NAIK, AGED ABOUT 49 YEARS, WORKING AS INSPECTOR OF EXCISE O/O DEPUTY COMMISSIONER OF EXCISE. (ENFORCEMENT AND INVESTIGATION) BENGALURU DIVISION-7 BENGALURU - 560 034 R/A NO.20. 7^TH CROSS, 4^TH BLOCK. KORAMANGALA, BENGALURU - 560 034

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SRI MANJUNATHA S H. S/O HANUMAIAH K R, AGED ABOUT 39 YEARS, WORKING AS INSPECTOR OF EXCISE O/O RANGE-14 LAGGERE, BUD-03 R/A 30, SAMRUDDI NILAYA, SHYAMABATTARAPALYA. RAILWAY GOLLAHALLI POST, BENGALURU NORTH - 560 064

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…PETITIONERS

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(BY SRI. V. LAKSHMINARAYANA, SR. COUNSEL FOR SMT. ANUSHA L., ADVOCATE)

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2 - NC: 2025:KHC:40404-DB WP No. 30510 of 2025

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HC-KAR

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AND:

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STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY. FINANCE DEPARTMENT (EXCISE) VIDHANA SOUDHA, AMBEDKAR VEEDHI. BENGALURU - 560 001

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THE COMMISSIONER DEPARTMENT OF EXCISE, TTMC BLOCK, BMTC BUILDING, SHANTHINAGAR, BANGALORE - 560 027

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THE ADDITIONAL COMMISSIONER (ADMIN), OFFICE OF THE COMMISSIONER OF EXCISE, TTMC BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU - 560 027.

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SRI. SOMASHEKARA M R S/O LATE RAMAPPA M AGED ABOUT 43 YEARS, WORKING AS INSPECTOR OF EXCISE, RANGE NO.24, ASHOKNAGAR, BUD-04, MONARCH CHAMBERS, NO.122/2, 5^TH FLOOR, INFANTRY ROAD, BENGALURU - 560 001. R/A NO.106, VAISHNAVI RATHNAM APARTMENT, Q. BLOCK, JALAHALLI CROSS, BENGALURU - 560 057. …RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W SRI. V. SHIVA REDDY, AGA FOR R1 TO R3)

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HC-KAR

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DECLARE THAT THE ORDER OF TRANSFER DATED 25/09/2025 AS PER (ANNEXURE-E) WHICH HAS BEEN PASSED BY RESPONDENT-2 CONTRARY TO THE INTERIM ORDER DATED 24/07/2025 PASSED BY THE TRIBUNAL IN APPLICATION NO.3412/2025 BY INCLUDING THE NAMES OF THE PETITIONER IS NON-EST, VOID, UNENFORCEABLE AGAINST THE PETITIONER AND THE PETITIONER NAME SHALL BE DELETED FROM THE ORDER DATED 25/09/2025 AS PER (ANNEXURE-E); ii) GRANT PERMISSION TO CHALLENGE THE ORDER OF THE KAT PASSED IN APPLICATION NO.3407/2025 DATED 25/09/2025 AND BY ISSUING A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 25/09/2025 IN OA NO.3407/2025 AS PER (ANNEXUREA); iii) PASS ANY APPROPRIATE ORDER OR DIRECTION AS DEEMS FIT BY THE HON'BLE HIGH COURT IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

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The petitioners are working as Inspectors of Excise and are parties to the pending proceedings in Application Nos.3416-17 of 2025 with the Karnataka State Administrative Tribunal [for short, 'the Tribunal' ]. This Court is informed that

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[a] the question for consideration in such applications is whether the petitioners could be transferred based on new Rules when they are assured of a minimum tenure;

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[b] this Court, in the writ petition in W.P.No.22506/2025 [ S-KSAT ] as against the interim order by the Tribunal, has directed the respondents not to pass any final order

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HC-KAR

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during pendency of the petitioners'

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applications directing the petitioners to

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participate in the counselling process; and

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[c] the Tribunal has heard the petitioners'

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applications for final disposal and reserved for orders.

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The cause for the present writ petition could be found in the undisputed fact that similar applications by the others are disposed of by the Tribunal which has enabled the respondents to issue transfer order dated 25.09.2025 [ as per Annexure-E] . The petitioners have also been shown rankings, but indisputably they are not issued with any transfer orders. Insofar as the transfer order dated 25.09.2025 for those who were unsuccessful in their similar applications with the Tribunal, this Court in WP No.29768/2025 [ S-KSAT ] has granted interim order directing the respondents not to relieve those applicants/petitioners till 10.10.2025.

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HC-KAR

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Sri V. Lakshminarayana, the learned

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Senior Counsel for the petitioners, submits that the petitioners have called in question the Tribunal's orders in Application Nos. 3416-17 of 2025 for complete adjudication insofar as the petitioners ranking being shown in the order dated 25.09.2025, but the petitioners' grievance is from the apprehension that if there is any order by the Tribunal in the petitioners' application, the Official Memorandum dated 25.09.2025 will pave the way for immediate transfer.

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Sri Reuben Jacob, the learned Additional Advocate General who appears for Sri A. Shiva Reddy [ the learned Additional Government Advocate who takes notice for the respondents ], submits that the petitioners cannot call in question the Tribunal's order in OA No.3407/2025 as it does not relate to them; and insofar as the apprehension that the order

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HC-KAR

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dated 25.09.2025 paves the way for immediate transfer, the learned Additional Advocate General submits that consequential transfer orders have to be issued and those orders cannot be issued until the petitioners' applications are decided by the Tribunal.

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Indeed, these two submissions must prevail insofar as the present petition and there cannot be any interference at the petitioners' instance with the Tribunal's order in OA No.3407/2025 or the

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order dated 25.09.2025. However, this Court must observe that if indeed the petitioners fail in their pending applications with the Tribunal and there is any precipitous action by the respondents, they will be at liberty to seek interim orders on parity with those who are already protected by this Court in WP No.29768/2025 [ S-KSAT ].

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