- 1 - HC-KAR NC: 2025:KHC:21409-DB WP No. 5518 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO.5518 OF 2025 (S-KSAT) BETWEEN: SRI VIJAYA KUMAR CHAVADANNAVAR S/O LATE NAGAPPA, AGED ABOUT 58 YEARS, CHIEF ENGINEER, PANCHAYATH RAJ ENGINEERING DEPARTMENT, (ON DEPUTATION TO KARNATAKA RURAL DEVELOPMENT COMMISSIONERATE RESIDING AT NO.18, 23RD CROSS, 2ND BLOCK, RAJAJINAGAR, BENGALURU – 560 010. …PETITIONER (BY SRI. SUBRAMANI M A, ADVOCATE A/W SRI. NARAYANASWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, 3RD FLOOR, M.S BUILDING, BENGALURU – 560 001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21409-DB WP No. 5518 of 2025 DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU – 560 001. 3. THE COMMISSIONER, KARNATAKA RURAL DEVELOPMENT COMMISSIONERATE, 3RD FLOOR, M.S BUILDING, BENGALURU – 560 001. 4. SRI. SREENIVAS N, FATHERS NAME NOT KNOWN, AGED MAJOR, WORKING AS ENGINEER-IN-CHIEF, KARNATAKA RURAL ROAD DEVELOPMENT AGENCY, 3RD FLOOR, GRAMEENABHIVRUDDHI BHAVAN, ANAND RAO CIRCLE, BANGALORE – 560 009. …RESPONDENTS (BY SRI. V SHIVA REDDY, AGA FOR R1 TO R3; R4 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH ORDER DATED 23.01.2025 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No.4886/2024 (ANNEXURE-A) ii) CONSEQUENTLY ALLOW APPLICATION No.4886/2024 ON THE FILE OF THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:21409-DB WP No. 5518 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner - Chief Engineer of Panchayat Raj Engineering Department is before this Court under Article– 226 of the Constitution of India, aggrieved by the order dated 23.01.2025, in Application No.4886/2024 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short ‘Tribunal’) by which his application questioning the Notification bearing No.RDP/304/SSK/2024, dated 03.10.2024 (Annexure-A4) issued by the first respondent transferring the petitioner as Chief Engineer at Commissionerate, Rural Development Department and posting the fourth respondent in his place as Chief Engineer, PRE Department. 2. Brief facts of the case are that the petitioner who is in the cadre of Chief Engineer was posted as Chief Engineer, Panchayat Raj Engineering Department under Notification dated 11.12.2019, by the second respondent– DPAR. Under the impugned notification dated 03.10.2024 - 4 - HC-KAR NC: 2025:KHC:21409-DB WP No. 5518 of 2025 (Annexure-A4), issued by the first respondent, fourth respondent is posted in the place of the petitioner and the petitioner is posted as the Chief Engineer, to office of the Commissioner, Panchayat Raj Department. Questioning the said Notification, the petitioner was before the Tribunal in Application No.4886/2024, urging among other grounds, it is contended that first respondent has no authority or competence to post the fourth respondent in place of the petitioner as the Head of the Department. The Tribunal without considering the said ground dismissed the application, holding that the writ petitioner is working in the said Department for morethan 11 years and also made an observation that the first respondent is empowered to post the petitioner to a different post and to make internal arrangement within the Department. Aggrieved by the said order, the petitioner is before this Court in the present writ petition. 3. Heard Sri.T.Narayanaswany, learned counsel appearing for Sri.Subramani M.A., learned counsel for the - 5 - HC-KAR NC: 2025:KHC:21409-DB WP No. 5518 of 2025 petitioner and the learned AGA Sri.V.Shiva Reddy for respondent Nos.1 to 3. There is no representation for respondent No.4, though served with Notice. Perused the entire writ petition papers. 4. Learned counsel Sri.T.Narayanaswamy, learned counsel for the petitioner submits that the Tribunal committed grave error in not considering the grounds raised by the petitioner, that the first respondent is not empowered or has jurisdiction to post fourth respondent in place of the petitioner and to transfer the petitioner, since the petitioner is holding the post of Head of the Department of Panchayat Raj Engineering Department. The learned counsel would invite our attention to ground no.3.B(ii) of the application in that regard. It is his specific submission that respondent No.2 – Principal Secretary of DPAR is the competent authority for transfer and posting of the Head of the Department. Thus, the learned counsel would pray for allowing the petition. - 6 - HC-KAR NC: 2025:KHC:21409-DB WP No. 5518 of 2025 5. Learned Government Advocate, Sri.V.Shiva Reddy has filed an affidavit of the Secretary of Rural Development And Panchayat Raj, before this Court today. A perusal of the said Affidavit at para-5, it is seen that the first respondent has admitted that the competent authority to transfer in respect of the post of Head of the Department / Chief Engineer is DPAR. However, it is stated that the posting and transfer of the petitioner as well as the fourth respondent, is an internal arrangement and subsequently it is sent for post facto approval of the Chief Minister and prays for dismissal of the writ petition. 6. Having heard the learned counsel for the parties and perusal of the entire writ petition papers, the only question that arises for our consideration is: Whether the first respondent could effect transfer or make internal arrangement in so far as Head of the Department of PRE? 7. The answer to the above point is in ‘negative’ for the following reasons: - 7 - HC-KAR NC: 2025:KHC:21409-DB WP No. 5518 of 2025 Admittedly, the petitioner and the fourth respondent are in the cadre of Chief Engineers. The petitioner belongs to Rural Development And Panchayat Raj Department, whereas fourth respondent belongs to Public Works Department. In terms of the Karnataka Government (Allocation of Business) Rules 1977 (for short ‘Rules 1977’), Schedule-II, which relates to Department of Personnel And Administrative Reforms; the appointments, postings, transfer, leave and control of the rank of the Head of Department is by the Department of Personnel and Administrative Reforms. The post of Heads of the department shall have to be filled up by DPAR in terms of Rules 1977. 8. The post of Chief Engineer, PRE is a post of Head of Department of Panchayat Raj Engineering Department. The same shall have to be filled by DPAR. The Notification at Annexure-A2, posting the petitioner as Chief Engineer is issued by DPAR, that itself would make it clear that the post of Chief Engineer, PRE Division shall - 8 - HC-KAR NC: 2025:KHC:21409-DB WP No. 5518 of 2025 have to be filled up DPAR. In the present case, contrary to the Allocation of Business Rules 1977, Annexure-A4, Notification dated 03.10.2024 is issued posting the fourth respondent in place of the petitioner and transferring the petitioner as Chief Engineer, to office of the Commissionerate, Rural Development Department. 9. Though the petitioner has raised a ground before the Tribunal at 3.B(ii) to the effect that the competent authority to transfer or depute in respect of the post of Chief Engineer in Panchayat Raj Engineering Department is the Second Respondent (DPAR), the Tribunal failed to consider the same. If the said ground urged by the petitioner was to be considered by the Tribunal, the result of the application would have been different. 10. The impugned notification dated 03.10.2024 at Annexure–A4 is contrary to the Allocation of Business Rules 1977. An Affidavit by the Secretary of first - 9 - HC-KAR NC: 2025:KHC:21409-DB WP No. 5518 of 2025 respondent dated 13.06.2025, filed today before the Court admits that the competent authority to transfer in respect of the post of Chief Engineer is DPAR. However, the Affidavit indicates that the posting of the fourth respondent and transfer of the petitioner is an internal arrangement and for the same, post facto approval of the Chief Minister is taken. The post facto approval would not validate the order made by an incompetent person. Therefore, the said post facto approval would not assist the respondent. 12. In the above circumstances, the following order: i) Writ petition is Allowed. ii) The impugned order dated 23.01.2025, in Application No.4886/2024 passed by the Karnataka State Administrative Tribunal, Bengaluru, is set-aside. - 10 - HC-KAR NC: 2025:KHC:21409-DB WP No. 5518 of 2025 iii) Impugned Notification bearing No. RDP/304/SSK/2024, dated 03.10.2024, Annexure-A4 is quashed. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 43