Sri a Naveen Kumar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri a Naveen Kumar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed; Tribunal's order dated 01.06.2026 in Application No.2669/2026 set aside; impugned O.M. dated 27.05.2026 stayed insofar as the petitioner till disposal of the application; learned AGA undertook to file statement of objections by the next date of hearing (17.06.2026), failing which/if filed the Tribunal was requested to take up the matter for final disposal.

Issue for consideration

Whether the Tribunal failed to examine whether the petitioner had made out a prima facie case for grant of the interim prayer. +1 more

Court's answer

The Tribunal failed to examine whether the petitioner had made out a prima facie case for grant of the interim prayer.

Ratio / Principle

Although the Government has power to transfer an employee even before completion of tenure, such transfer must be by recording reasons; in the impugned transfer order no reasons were assigned, and it is for the Tribunal to examine, upon filing of the respondents' statement of objections, what is the reason for the petitioner's transfer since he had not completed his tenure at the transferred place.

Key takeaways

In the instant case the petitioner has made out a prima facie case; the Tribunal mechanically rejected the interim application on the ground that the petitioner had been relieved from his post, without noticing that no person was posted in his place.ratio¶5
The writ petition is allowed and the Tribunal's order dated 01.06.2026 in Application No.2669/2026 is set aside.ratio¶6
The impugned O.M. dated 27.05.2026 is stayed insofar as the petitioner is concerned, till disposal of the application; if objections are filed, the Tribunal was requested to take up the matter for final disposal.

Detailed headnote1 paragraphs

Service Law – Transfer – Premature/pre-tenure transfer – Power of Government to transfer before completion of tenure to be exercised by recording reasons – Deputy Tahsildar (Group-C), posted to Attibele Hobli, Anekal Taluk by O.M. dated 12.09.2024, transferred by O.M. dated 27.05.2026 as Election Sheristedar, Taluk Office, Turuvekere Taluk, Tumkuru District before completing four-year tenure, and relieved by communication dated 29.05.2026 (Annexure-A4) – Tribunal (Application No.2669/2026) mechanically refused interim relief on the footing that the petitioner stood relieved, without noticing that no person was posted in his place – Held: Tribunal failed to examine whether petitioner made out a prima facie case; no reasons assigned in the impugned transfer order; Tribunal to examine reason for transfer upon filing of statement of objections – Writ petition allowed; Tribunal's order dated 01.06.2026 set aside; impugned O.M. dated 27.05.2026 stayed insofar as the petitioner till disposal of the application; Tribunal requested to take up the matter for final disposal after objections (next hearing 17.06.2026). (Bench: S.G. Pandit & Dr. K. Manmadha Rao JJ.; order per S.G. Pandit J.).

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JUNE, 2026 PRESENT

THE HON'BLE MR. JUSTICE S.G.PANDIT

AND

THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 16515 OF 2026 (S-KSAT)

BETWEEN:

SRI A NAVEEN KUMAR S/O. LATE ANJANAPPA, AGED ABOUT 44 YEARS, WORKING AS DEPUTY TAHSILDAR NADAKACHERI, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT-562 106.

R/AT NO. 64, HRUDAYA NILAYA, KENGERI FORT, KENGERI, BENGALURU - 560 060.

…PETITIONER

(BY SRI. PRITHVEESH M. K., ADV.)

Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA

AND:

THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M. S. BUILDINGS, BENGALURU - 560 001.

THE REGIONAL COMMISSIONER, BANGALORE DIVISION AND EX OFFICEO – SECRETARY NODAL OFFICER (FINANCE OFFENCES), DEPARTMENT OF REVENUE, 2^ND FLOOR, BMTC BUILDING, K. H. ROAD, SHANTHINAGAR, BANGALORE - 560 027.

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THE DEPUTY COMMISSIONER, DEPARTMENT OF REVENUE, K. G. ROAD, BANGALORE URBAN DISTRICT, BANGALORE - 560 009.

THE TAHSILDAR OFFICE OF THE TAHSILDAR DEPARTMENT OF REVENUE ANEKAL TALUK BANGALORE URBAN DISTRICT-562106

…RESPONDENTS

(BY SRI. V SHIVA REDDY, AGA)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. CALL FOR RECORDS FROM THE RESPONDENTS PERTAINING TO IMPUGNED OFFICIAL MEMORANDUM DATED 27.05.2026 AS WELL AS THE SUBSEQUENT IMPUGNED OFFICIAL MEMORANDUM DATED 29.05.2026 IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.

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

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT

AND

HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

Learned Additional Government Advocate accepts notice

for respondents.

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Heard learned counsel Sri.M.K.Prithveesh for petitioner and learned AGA for respondents. Perused the writ petition papers.

Learned counsel Sri.Prithveesh for petitioner would submit that the petitioner is working as Deputy Tahsildar, a Group-C post and he was posted to the present place of working i.e., Attibele Hobli, Anekal Taluk, Bangalore Urban District on 12.09.2024 and even before he completes his tenure of 4 years, under impugned order dated 27.05.2026, the petitioner is transferred from the present place as Election Sheristedar, Taluk Office, Turuvekere Taluk, Tumkur District. Learned counsel would submit that the transfer is totally premature and the Tribunal failed to examine the prima facie case made out by the petitioner. Further, learned counsel would submit that no other person is posted in the place of petitioner and taking note of the relieving letter at Annexure-A4 dated 29.05.2026, the Tribunal refused to grant interim order which is unreasonable. Thus, he would pray for allowing the writ petition and to grant interim order as prayed before the Tribunal.

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Learned AGA would submit that under what

circumstances the petitioner is transferred from Anekal to Turuvekere, Tumkur District is not known. Further, he would submit that the petitioner is transferred from Anekal to a vacant post at Turuvekere as his services were necessary at Turuvekere. Thus, he would pray for dismissal of the writ petition.

Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered view that the Tribunal failed to examine as to whether the petitioner has made out prima facie case for grant of interim prayer.

Admittedly, the petitioner who is working as Deputy Tahsildar in Group-C post was posted to the present place in terms of the Annexure-A1/O.M. dated 12.09.2024. Under impugned order dated 27.05.2026, the petitioner is transferred from Anekal to Turuvekere, Tumkuru District. Admittedly, the petitioner has not completed his tenure of 4 years. It is to be noticed that the Government has power to transfer even before

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completion of tenure, however, by recording reasons for such transfer. In the impugned order of transfer, no reasons are assigned. It is for the Tribunal to examine on filing statement of objection by the respondents as to what is the reason for petitioner’s transfer, since the petitioner has not completed his tenure at the transferred place. We are of the view that in the instant case, the petitioner has made out a prima facie case. The Tribunal mechanically proceeded to reject the application holding that as the petitioner is relieved from his post, the Tribunal could not direct the respondents to continue the applicant in the present post, without noticing that no person is posted in his place.

Hence, the following order:

The writ petition is allowed. The order dated 01.06.2026 in Application No.2669/2026 passed by the Tribunal is set aside. The impugned O.M. dated 27.05.2026 bearing No. ¹§âA¢(2)/¹Dgï/09/2026-27 is stayed, insofar as the petitioner is concerned, till disposal of the application.

Learned AGA Sri.Shivareddy undertakes that statement of objections would be filed by the next date of hearing i.e.

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17.06.2026. If objections are filed, we request that the

Tribunal to take up the matter for final disposal.

SD/(S.G.PANDIT) JUDGE

SD/(DR.K.MANMADHA RAO) JUDGE

MPK CT:bms List No.: 1 Sl No.: 8