Sri Sanjeev R Samsuddi Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri Sanjeev R Samsuddi Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Continuation of the interim order already granted (stay of the transfer order dated 01.12.2025, Annexure-A12/Annexure-12) till disposal of the case by the Tribunal; the Tribunal directed to dispose of Application No.4916/2025 either on 22.01.2026 or within one month; respective counsels directed to produce copy of this order before the Tribunal on 22.01.2026; observations expressly not to influence the Tribunal's merits consideration.

Issue for consideration

Whether the petitioner could be transferred even before completion of two years, subject to post facto approval of the Hon'ble Chief Minister (question flagged by this Court in the interim order dated 11.12.2025). +1 more

Ratio / Principle

This Court held that the interim order already granted ought to continue till disposal of the case by the Tribunal, and directed the Tribunal to dispose of the pending Application either on 22.01.2026 or within a period of one month.

Key takeaways

The respective counsels are directed to produce copy of this order before the Tribunal on 22.01.2026, enabling the Tribunal to take up the matter and comply with the directions issued by this Court.ratio¶¶50
The observations made in this order shall not influence the Tribunal while considering the matter on merits.obiter¶¶55

Detailed headnote1 paragraphs

Writ Petition (S-KSAT) under Article 226, High Court of Karnataka (H.P. Sandesh and Venkatesh Naik T, JJ.), order dated 08.01.2026. Petitioner, a Range Forest Officer, Savadatti Range, was transferred by office order dated 01.12.2025 issued by respondent No.2, respondent No.3 being posted in his place and the petitioner moved to the office of the DCF (Legal & ITC), Ghataprabha Division, Gokak. The transfer was alleged to violate the State Government's transfer guidelines dated 12.05.2025 and to be premature, within the general transfer period, without Hon'ble Chief Minister approval, politically motivated and not in public interest. The Tribunal, in Application No.4916/2025, denied interim stay of the transfer order (order dated 08.12.2025, Annexure-A), which denial the petitioner challenged herein. This Court had earlier, vide order dated 11.12.2025, granted interim relief, stayed Annexure-12 and directed the petitioner to continue in his prior post, flagging the question whether he could be transferred before completion of two years subject to post facto approval of the Hon'ble Chief Minister. With both sides agreeing to merits consideration before the Tribunal (next date 22.01.2026), the Court disposed of the petition: the interim order was ordered to continue till disposal of the Tribunal case; the Tribunal was directed to conclude on 22.01.2026 or within one month; counsels were to furnish a copy of this order to the Tribunal on 22.01.2026; and it was expressly stated that the observations shall not influence the Tribunal's merits consideration.

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 08.12.2025 passed by the Tribunal in Application No.4916 of 2025 (Annexure-A), denying the petitioner's interim relief to stay the impugned transfer order dated 01.12.2025 (Annexure-A12).¶¶23
Tribunal · 08.12.2025
Prior proceeding
On 01.12.2025, respondent No.2 issued an office order whereby respondent No.3 was posted in the petitioner's place and the petitioner was transferred from his present post.¶¶37
Prior proceeding
Under the said order, the petitioner was posted to the office of the DCF (Legal & ITC), Ghataprabha Division, Gokak.¶¶38
Prior proceeding
The transfer is alleged to be in total violation of the transfer guidelines dated 12.05.2025 issued by the State Government.¶¶38
Prior proceeding
It is contended that the transfer is premature, issued within the period of general transfer guidelines, without approval of the Hon'ble Chief Minister, politically motivated, and not in public interest.¶¶38
Prior proceeding
The transfer order dated 01.12.2025 was challenged before the Tribunal (Application No.4916/2025), which declined to grant the relief.¶¶42
Prior proceeding
This Court, vide order dated 11.12.2025, granted an interim order, noting the prima facie case and observing that the question to be considered was whether the petitioner could be transferred even before completion of two years, subject to post facto approval of the Hon'ble Chief Minister.¶¶42
Prior proceeding
By the same 11.12.2025 order, this Court found the petitioner had made out a case for interim relief not considered by the Tribunal, stayed Annexure-12, and positively directed that the petitioner continue to work in the post held prior to the order dated 01.12.2025.¶¶43
Prior proceeding
Pursuant to the interim order, the petitioner has continued in the very same posting.¶¶43
Prior proceeding
Learned counsel for the petitioner and the learned Additional Government Advocate for the State jointly submitted that, in view of the interim order, a time-bound direction may be given to the Tribunal to consider the matter on merits.¶¶47
Prior proceeding
The matter is pending before the Tribunal with the next date fixed as 22.01.2026.¶¶48
Prior proceeding
The writ petition came up for consideration on I.A.No.1 of 2026 filed for vacating stay, and both the counsels submitted that the matter may be considered on merits.¶¶29