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2025 DAILYLAW 18810 (KAR)

SRI C N RAGHU v. THE STATE OF KARNATAKA

WP/6268/2025 · 2025-04-21

Krishna S Dixit, Ramachandra D Huddar

body2025

Judgment text

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- 1 - NC: 2025:KHC:16165-DB WP No. 6268 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 6268 OF 2025 (S-KSAT) BETWEEN: SRI. C N RAGHU S/O SRI. C. NAGAIAH, AGED ABOUT 49 YEARS, R/A C/O DAMAYANTI, OPP TO KONGIRANDA HOUSE, 14TH BLOCK, NEW EXTENSION, MADIKERI, KODAGU DISTRICT – 571 201. …PETITIONER (BY SRI. MAHESH Y L., ADVOCATE FOR SRI. KIRAN KUMAR P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. 2. THE COMMISSIONER, DEPARTMENT OF INDUSTRES AND COMMERCE, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. 3. THE DEPUTY SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, MADIKERI, KODAGU DISTRICT – 571 201. Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16165-DB WP No. 6268 of 2025 5. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHYATH,CHAMRAJANAGARA …RESPONDENTS (BY SRI.B RAVINDRANATH.,AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. QUASH THE ORDER DATED 25.11.2024, PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, IN APPLICATION NO. 4368/2024, AT ANNEXURE- E AND II. QUASH THE PREMATURE TRANSFER OF THE PETITIONER EFFECTUATED FROM THE OFFICIAL NOTIFICATION, DATED 09.08.2024, ISSUED BY THE RESPONDENT NO. 1 AT ANNEXURE-B AND PERMIT HIM TO CONTINUE AS DEPUTY DIRECTOR, RURAL INDUSTRIES, KODAGU ZILLA PANCHAYATH, MADIKERI AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Petitioner a Civil Servant working as Deputy Director (Rural Industries) is knocking at the doors of Writ Court for assailing the State Administrative Tribunal’s order dated 25.11.2024 whereby his Application No.4368/2024 challenging the Transfer Notification dated 09.08.2024 has been negatived. - 3 - NC: 2025:KHC:16165-DB WP No. 6268 of 2025 2. Learned counsel for the Petitioner submits that the transfer is mala fide and it cuts short the minimum period of retention and therefore the Tribunal ought to have set it aside. He heavily banks upon the extant Transfer Guidelines contending that a Full Bench of this court has held them to have statutory posts and that their violation gives a choate cause of action for challenging them. 3. Learned AGA appearing for the official Respondents resists the petition contention the petitioner has been working in Madikeri since more than a decade and therefore retaining him beyond that is not in the best interest of public administration. He also makes submission that the transfer has been made with the prior approval of the Chief Minister and therefore the same is unassailable. 4. Having heard the learned counsel for the parties and having perused the petition papers, we decline indulgence in the matter broadly agreeing with the submission of - 4 - NC: 2025:KHC:16165-DB WP No. 6268 of 2025 learned AGA. Though the tenure is cut short, the same has been done with prior approval of the Chief Minister. In the above circumstances, this writ petition being devoid of merits is liable to be and accordingly dismissed. However, since the petitioner is looking after his aged parents, which is really appreciable, we grant him a period of three weeks to report for duty at the transferred place. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE Bsv/Snb List No.: 1 Sl No.: 16