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Sri.a.N.Vijayakumar Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Sri.a.N.Vijayakumar Vs State of KarnatakaSri.a.N.Vijayakumar v. State of Karnataka

Dismissed¶46

Sri.a.N.Vijayakumar v. State of Karnataka

Service law – Maintainability of writ petition

Karnataka HC26 Nov 2025WP/7786/2025

Case brief

AI extract

What is this about?

Writ petition under Articles 226/227, Constitution of India, by Government servant (A.N. Vijayakumar) challenging stigmatic transfer orders incl. transfer order No.EN 12 EBS 2023 dated 19.07.2024 and seeking salary arrears from July 2024 and restoration to original post; dismissed at threshold as not maintainable for non-exhaustion of equally efficacious alternative remedy, relying on Rikhab Chand Jain vs. Union of India, Civil Appeal No.6719/2012 (decided 12.11.2025); liberty to approach appropriate authority. High Court of Karnataka, Ashok S. Kinagi, J., WP No. 7786 of 2025 (S-RES), decided 26.11.2025.

What did the court decide?

No substantive relief granted. Writ petition dismissed as not maintainable; liberty reserved to the petitioner to approach the appropriate authority and seek his redressal; pending applications, if any, disposed of accordingly.

Why is it important?

The writ petition is not maintainable: the petitioner, a Government servant, had an equal efficacious alternative remedy which he failed to exhaust, and in view of the exposition of law laid down by the Apex Court in Rikhab Chand Jain vs. Union of India (Civil Appeal No.6719/2012), the writ petition is liable to be dismissed as not maintainable; it was accordingly dismissed, with liberty reserved to the petitioner to approach the appropriate authority for redressal. ¶43

What the court decided

AI extract

Outcome

No substantive relief granted. Writ petition dismissed as not maintainable; liberty reserved to the petitioner to approach the appropriate authority and seek his redressal; pending applications, if any, disposed of accordingly.

Issue for consideration

Whether the writ petition is maintainable when the petitioner, admittedly a Government servant, has an equal efficacious alternative remedy which he has not exhausted.

Ratio / Principle

The writ petition is not maintainable: the petitioner, a Government servant, had an equal efficacious alternative remedy which he failed to exhaust, and in view of the exposition of law laid down by the Apex Court in Rikhab Chand Jain vs. Union of India (Civil Appeal No.6719/2012), the writ petition is liable to be dismissed as not maintainable; it was accordingly dismissed, with liberty reserved to the petitioner to approach the appropriate authority for redressal.

Detailed headnote1 paragraphs

Service law - Maintainability of writ petition - Government servant of the Electrical Inspectorate challenged stigmatic transfer orders (including order dated 19.07.2024, Annexure-P) and sought consideration of his representation dated 11.03.2025, expeditious relieving from Ballari, correction of service records, arrears of salary from July 2024, restoration to original post with consequential benefits, and expunging of adverse remarks, by writ petition under Articles 226 and 227 of the Constitution - Held, the petitioner admittedly had an equal efficacious remedy which he did not exhaust before approaching this Court; in view of the exposition of law in Rikhab Chand Jain vs. Union of India (Civil Appeal No.6719/2012, disposed of on 12.11.2025), the writ petition was dismissed as not maintainable, with liberty to approach the appropriate authority for redressal.

A

1 -

NC: 2025:KHC:49128 WP No. 7786 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 7786 OF 2025 (S-RES)

BETWEEN:

Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA

SRI.A.N.VIJAYAKUMAR S/O A NARASIMAHAIAH AGED ABOUT 48 YEARS R/AT C/O PRATHIBA SHANBOG PS NO 3, 1ST CROSS, 3RD MAIN KRISHNANAGAR KEMPANNA LAYOUT UTTARAHALLI MAIN ROAD SUBRAMANYAPURA POST BANGALORE 560061

(BY SRI. SADANAND G SHASTRI, ADV.)

…PETITIONER

AND:

STATE OF KARNATAKA

BY ITS ADDITIONAL CHIEF SECRETARY ENGERY DEPARTMENT VIKASA SOUDHA BENGALURU 560001

THE CHIEF ELECTRICAL INSPECTOR TO

2 - NC: 2025:KHC:49128 WP No. 7786 of 2025

HC-KAR

GOVERNMENT

OFFICE OF THE CHIEF ELECTRICAL INSPECTOR 2ND FLOOR, NIRMANA BHAVAN RAJAJINAGAR BENGALURU 560010

THE DEPUTY CHIEF ELECTRICAL INSPECTOR DEPARTMENT OF ELECTRICAL INSPECTORATE No.37/1, 2ND FLOOR ABOVE SBI, KAPPAGAL ROAD GANDHINAGAR BALLARI 583101

…RESPONDENTS

(BY SMT. B.P.RADHA, AGA)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER HIS REPRESENTATION AT ANNEXURE-A DATED 11-03-2025 CONSEQUENTLY, DIRECT THE RESPONDENTS TO EXPEDITIOUSLY RELIEVE THE PETITIONER FROM ITS OFFICE AT BALLARI AND SET-RIGHT THE SERVICE RECORDS OF THE PETITIONERS WORK AT KALABURAGI, DIRECT THE RESPONDENTS TO WITHDRAW ALL STIGMATIC TRANSFER ORDERS PASSED AGAINST THE PETITIONER INCLUDING TRANSFER ORDER AT ANNEXURE-P DATED 19-072024, DIRECT THE RESPONDENTS TO PAY ARREARS OF SALARY FROM JULY 2024 UNTIL MARCH 2025 OR TILL DATE OF SUCH DIRECTION BY THIS HONBLE Court AND DIRECT THE RESPONDENTS TO RESTORE THE PETITIONER TO HIS ORIGINAL POST WITH ALL CONSEQUENTIAL AND EMOLUMENTARY SERVICE BENEFITS INCLUDING THAT OF ELIGIBLE PROMOTIONS.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:49128 WP No. 7786 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioner has filed this writ petition seeking for the following prayer:

Direct the respondents to consider the representation bearing No.DCEI//EI/AEI(O)?BLY/2024-25/480-90 at Annexure 'A' dated 11.03.2025; consequently

Direct the respondents to expeditiously relieve the petitioner from its office at Ballari and setright the service records of the petitioner's work at Kalaburagi;

Direct the respondents to withdraw all stigmatic transfer orders passed against the petitioner including Transfer order at Annexure 'P' bearing No.EN 12 EBS 2023 dated 19.07.2024;

Direct the Respondents to pay Arrears of Salary from July 2024 until March 2025 or till date of such direction by this Hon'ble Court;

Direct the respondents to restore the petitioner to his original post with all consequential and emolumentary service benefits including that of eligible promotions;

Direct the respondents to expunge all allegations or adverse remarks made against the petitioner

4 -

NC: 2025:KHC:49128 WP No. 7786 of 2025

HC-KAR

in connection with the criminal cases alleged against him in his service records;

Pass any such other order/directions as this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity.

Admittedly, the petitioner is the Government servant. The petitioner has got an equal efficacious remedy. The petitioner without exhausting the efficacious remedy, filed this writ petition.

The writ petition filed by the petitioner is not

maintainable. In view of the exposition of law laid down by

the Hon'ble Apex Court in the case RIKHAB CHAND JAIN VS. UNION OF INDIA in CIVIL APPEAL NO.6719/2012 disposed off on 12.11.2025, the writ petition is liable to be dismissed as not maintainable.

Accordingly, the writ petition is dismissed as

not maintainable .

5 -

NC: 2025:KHC:49128 WP No. 7786 of 2025

HC-KAR

Liberty is reserved to the petitioner to approach

the appropriate authority and seek his redressal.

The office is directed to return the certified copy

of the impugned order after retaining the photocopy.

The pending applications, if any, stand disposed

off accordingly.

Sd/(ASHOK S.KINAGI) JUDGE

SSB

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition is maintainable when the petitioner, admittedly a Government servant, has an equal efficacious alternative remedy which he has not exhausted.¶43

Cases cited

Colour shows how this judgement treated each authority

AI extract

Rikhab Chand Jain vs. Union of IndiaApplied¶46
CIVIL APPEAL NO.6719/2012

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticles 226 and 227¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Stigmatic transfer order dated 19.07.2024 at Annexure-P (No.EN 12 EBS 2023) challenged by the petitioner along with other transfer orders; not adjudicated on merits as the writ petition was dismissed as not maintainable.¶34
19.07.2024
Prior proceeding
Petitioner submitted representation No.DCEI//EI/AEI(O)?BLY/2024-25/480-90 dated 11.03.2025 (Annexure-A) to the respondents; consideration of this representation was the first prayer in the writ petition.¶32

Parties & counsel

AI extract

petitioner
Sri. A.N. Vijayakumar¶10
Sri. Sadanand G Shastri
respondent
State of Karnataka, by its Additional Chief Secretary, Energy Department¶14
Smt. B.P. Radha
respondent
The Chief Electrical Inspector to Government¶16
Smt. B.P. Radha
respondent
The Deputy Chief Electrical Inspector, Department of Electrical Inspectorate¶21
Smt. B.P. Radha

Coram

AI extract

Hon'ble Mr. Justice Ashok S. Kinagiauthor¶29

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 26 Nov 2025 · November
Registered: 17 Mar 2025
Case no.: WP/7786/2025
CNR: KAHC010184312025
Topic: Writ and Judicial Review
Bench: Ashok S.kinagi
Disposal: DISMISSED
Case type: Writ Petition (S-RES)

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Cite this judgement

Sri.a.N.Vijayakumar v. State of Karnataka, WP/7786/2025 (KA), decided on 26 November 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Rikhab Chand Jain vs. Union of IndiaApplied¶46

Open Authorities

Statutes1

Constitution of IndiaArticles 226 and 227

View all statutes

Procedural history2

Stigmatic transfer order dated 19.07.2024 at Annexure-P (No.EN 12 EBS 2023) challenged by the petitioner along with other transfer orders; not adjudicated on merits as the writ petition was dismissed as not maintainable.19.07.2024
Petitioner submitted representation No.DCEI//EI/AEI(O)?BLY/2024-25/480-90 dated 11.03.2025 (Annexure-A) to the respondents; consideration of this representation was the first prayer in the writ petition.

View full history

Bench / Coram

Hon'ble Mr. Justice Ashok S. Kinagi

Parties & counsel