- 1 - NC: 2025:KHC:7183-DB WP No. 2536 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT PETITION NO.2536 OF 2025 (S-KSAT) BETWEEN: SMT. USHA R. W/O. RAMESH B.R. AGED ABOUT 42 YEARS RESIDING AT NO.34 ELEGANT SILVER OAK APTS 1ST FLOOR, FLAT NO.103 SPENCER ROAD, FRAZER TOWN POST BENGALURU-560 005 WORKING AS AUDIT OFFICER KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY DR. M.H. MARIGOWDA ROAD BENGALURU-560 029. …PETITIONER (BY SRI VIJAYA SHEKARA GOWDA V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7183-DB WP No. 2536 of 2025 2. THE PRINCIPAL DIRECTOR KARNATAKA STATE AUDIT AND ACCOUNTS DEPARTMENT TTMC BUILDING, 3RD FLOOR ‘A’ BLOCK, BMTC, SHANTHINAGARA BENGALURU-560 027. 3. SRI H. MUNIRAJU AGED MAJOR AUDIT OFFICER REGISTRAR GENERAL’S OFFICE HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENTS (BY SRI B. RAVINDRANATH, AGA FOR R-1 AND R-2; SRI VIKRAM HUILGOL, SENIOR COUNSEL FOR SRI HARSHAVARDHAN, ADVOCATE FOR R-3) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT OR ORDER OR DIRECTIONS IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 27.01.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.259/2025 AS PER ANNEXURE-A STAYING THE RIGHTFUL G.O DATED 17.01.2025 AND RIGHT O.M DATED 18.01.2025 IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC:7183-DB WP No. 2536 of 2025 THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This writ petition is filed by the petitioner challenging the order passed by the Karnataka State Administrative Tribunal in A.No.259/2025 dated 27.01.2025 as per Annexure-A staying the G.O. dated 17.01.2025 and O.M. dated 18.01.2025. 2. Learned counsel Sri Vijay Shekara Gowda V for the petitioner is present before the Court physically inclusive of learned AGA for respondent Nos.1 and 2 and learned Senior Counsel Sri Vikram Huilgol appearing on behalf of Sri Harshavardhan for respondent No.3. 3. Learned counsel for the petitioner submits that the petitioner/third respondent therein has filed this petition challenging the legality and validity of the impugned order dated 27.01.2015 passed by the Tribunal in A.No.259/2025. He contends that the Tribunal has not considered the fact that - 4 - NC: 2025:KHC:7183-DB WP No. 2536 of 2025 third respondent who is the applicant before the Tribunal has violated his promotion order dated 13.09.2024 without reporting or assuming the charge as audit officer in the vacant promoted post, violated Rule 23 of the KCSRs and also O.M.dated 09.10.1985 and violated G.O. dated 20.06.2024 passed by the first respondent in respect of transfer/promotion/posting of Government servants working under Karnataka State Accounts Department. This submission is taken on record. 4. Learned Senior Counsel for respondent No.3 submits that this petition is filed challenging the interim order granted by the Tribunal in the aforesaid application. 5. However, keeping in view the submission made by counsel for the parties, it is relevant to note that when the main proceeding is pending before the Tribunal, the petitioner cannot agitate his grievance by filing one more proceeding under Article 226 of Constitution of India. Therefore, we deem it appropriate to state that without expressing any opinion on the merits of the matter, this writ petition requires to be disposed of. - 5 - NC: 2025:KHC:7183-DB WP No. 2536 of 2025 Accordingly, the writ petition is disposed of. However, the Tribunal in A.No.259/2024 shall decide the issues in between the parties as expeditiously as possible, by giving opportunity to both the side. All contentions are kept open. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DKB