- 1 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH 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. 12693 OF 2025 (S-KSAT) C/W WRIT PETITION NO. 12719 OF 2024 (S-KSAT) IN WP NO. 12693/2025 BETWEEN: SRI.K.N.RAJAPPA S/O LATE P KAMANNA, AGED ABOUT 51 YEARS, WORKING AS DEPUTY RANGE FOREST OFFICER DASARAHALLI ZONE, FOREST UNIT, BRUHUT BENGALURU MAHANAGARA PALIKE, BANGALORE - 560073 RESIDING AT NO.245, 6TH B CROSS, JAKKUR LAYOUT, YELAHANKA BANGALORE – 560064. …PETITIONER (BY SRI.MALLAIAH M.R., ADV.) AND: 1. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, HEAD OF FOREST FORCE, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE - 560003. 2. THE CONSERVATOR OF FORESTS (TERRITORIAL) BANGALORE, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 JARAKABANDE FOREST QUARTERS, KAMMAGONDANAHALLI, BANGALORE - 560015. 3. THE DEPUTY CONSERVATOR OF FORESTS BBMP - FOREST UNIT, ANNEXE BUILDING - 3, N.R.SQUARE, BANGALORE - 560002. 4. THE DEPUTY COMMISSIONER (ADMINISTRATION) BRUHATH BENGALURU MAHANAGARA PALIKE OFFICE OF THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R.SQUARE BANGALORE - 560002. …RESPONDENTS (BY SRI. RAVINDRANATH B., AGA FOR R1 TO R3 SRI B.L. SANJEEV, ADV. FOR R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 21/04/2025 PASSED IN APPLICATION NO.1340/2025 (ANNEXURE-A) AND ETC. IN WP NO. 12719/2024 BETWEEN: SRI. K.N.RAJAPPA S/O LATE P KAMANNA, AGED ABOUT 51 YEARS, WORKING AS DEPUTY RANGE FOREST OFFICER BBMP, FOREST UNIT T. DASARAHALLI ZONE BANGALORE - 560073 RESIDING AT NO.245, 6TH B CROSS, - 3 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 JAKKUR LAYOUT, YELAHANKA BANGALORE – 560064. ...PETITIONER (BY SRI. C M NAGABUSHANA, ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT, M S BUILDING, BANGALROE-01. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HEAD OF FOREST FORCE ) (HOFF) ARANYA BHAVAN, 18TH CROSS, MALLESWARAM, BANGALORE-560003. 3. THE STATE OF KARNATKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BANGALOER-560001. 4. THE CHIEF COMMISSIONER BBMP, N R CIRCLE, BBMP OFFICE BANGALORE-2. 5. THE DEPUTY COMMISSIONER (ADM) BBMP AND OFFICE N R CIRCLE, BANGALORE-02. ...RESPONDENTS (BY SRI. RAVINDRANATH B., AGA FOR R1 TO R3 SRI B.L. SANJEEV, ADV. FOR R4 & R5) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RELEVANT RECORDS; B) ISSUE A WRIT OF CERTIORARI/ORDER OF SIMILAR NATURE, QUASHING THE IMPUGNED ORDER DATED 15.04.2024, PASSED BY THE - 4 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 KARNATAKA STATE ADMINISTRATIVE TRIBUNAL VIDE ANNEXURE-A IN APPLICATION NO.850/2024 AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) In both the writ petitions, Sri.K.N.Rajappa, Deputy Range Forest Officer is the petitioner. Though the matters are listed for preliminary hearing, with the consent of learned counsel for the parties, both the petitions are taken up for final disposal. 2. Brief facts of the case in W.P.No.12719/2024 are that: The petitioner, Deputy Range Forest Officer was deputed to work at Bruhat Bengaluru Mahanagara Palike (for short “BBMP”) under O.M. dated 25.09.2019 (Annexure-B). It is stated that the petitioner is said to - 5 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 have reported to duty at BBMP on 13.12.2019. It is submitted that the BBMP, by order dated 17.11.2021 (Annexure-A8) posted one Sri.V.Jagadish to petitioner’s place and repatriated the services of the petitioner. Questioning the said order dated 17.11.2021, the petitioner was before the Karnataka State Administrative Tribunal at Bengaluru (for short “the Tribunal”) in Application No.5681/2021. The Tribunal, by order dated 10.01.2022 allowed the application of the petitioner, quashing the order dated 17.11.2021 and directed the authorities to continue the petitioner in the post, until deputation period is completed or terminated prematurely by second respondent/competent authority. Thereafter, it is stated that the petitioner was continued at BBMP. Under impugned Office Order dated 27.02.2024, the petitioner is again repatriated on the ground that the petitioner has completed his deputation period and also on the ground that the complaints are received against the petitioner. Questioning the same, the petitioner was - 6 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 before the Tribunal in Application No.850/2024. The Tribunal is said to have granted interim order at the initial stage, but by impugned order dated 15.04.2024 rejected petitioner’s application. Questioning the said order, petitioner is before this Court in the above writ petition. 3. Brief facts of the case in W.P.No.12693/2025 are that: The petitioner Sri.K.N.Rajappa, Deputy Range Forest Officer is before this Court, questioning the order dated 21.04.2025 in Application No.1340/2025, whereunder the Tribunal refused to grant interim order staying Annexure-A11/ List of Officers eligible for transfer by counseling. It is submitted that since W.P.No.12719/2024 filed by the petitioner wherein there is an interim order, staying the petitioner’s transfer, the respondent- authorities ought not to have included petitioner’s name in the list prepared for transfer by counseling. - 7 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 4. Heard Prof.C.M.Nagabhushana, learned counsel for petitioner in W.P.No.12719/2024, learned counsel Sri.Mallaiah M.R. for petitioner in W.P.No.12693/2025, Sri.Ravindranath B.A., learned AGA for respondents No.1 to 3 and Sri.B.L.Sanjeeva, learned counsel for respondents No.4 and 5. Perused the writ petition papers. 5. Learned counsel Prof.C.M.Nagabhushana for petitioner would submit among other grounds, the office order dated 27.02.2024 (Annexure-A5 in W.P.No.12719/2024) repatriating the petitioner is opposed to the earlier direction of the Tribunal in Application No.5681/2021 dated 10.01.2022 and the said office order of repatriation is with the allegation against the petitioner which would amount to repatriating the petitioner with stigma. It is also the submission of the learned counsel for the petitioner that the petitioner has not completed maximum deputation period of 5 years as on the date of repatriation order dated 27.02.2024. Thus, it is prayed for allowing the writ petitions. - 8 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 6. Per contra, learned counsel appearing for respondents would submit that the petitioner is repatriated, as the lending authority is of the opinion that his services are no more required at BBMP. It is also submitted that the impugned office order repatriating the petitioner itself indicates that there are complaints from the Public against the petitioner. Hence, they pray for dismissal of the writ petitions. 7. Having heard the learned counsel for the parties and on perusal of the writ petition papers, the following two points would arise for consideration: (i) Whether the impugned order passed by the Tribunal, which is under challenge in W.P.No.12719/2024 requires interference at the hands of this court? (ii) Whether the impugned order dated 21.04.2025 in Application No.1340/2025 passed by the Tribunal in W.P.No.12693/2025 requires interference at the hands of this Court? - 9 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 8. Answer to Point No.(i) is in the affirmative and Point No.(ii) is in the negative for the following reasons: The petitioner was deputed to BBMP by O.M. dated 25.09.2019. No tenure of deputation is fixed in the said O.M. deputing the petitioner. Rule 50 of the KCSRs makes it clear that deputation should not ordinarily extend beyond five years except under special orders of Government. 9. On earlier occasion, the petitioner was repatriated by office order of the BBMP dated 17.11.2021 which was the subject matter of Application No.5681/2021. The said application was disposed off by the Tribunal, under order dated 10.01.2022 allowing the application and setting aside repatriation office order dated 17.11.2021 with a specific observation that the applicant i.e., the petitioner herein shall be continued in the post, until deputation period is completed or terminated prematurely by the second respondent-competent authority. - 10 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 10. Subsequently, under impugned office order dated 27.02.2024, the petitioner was again repatriated to his parent department holding that he has completed his deputation period and that there are complaints against the petitioner from the General Public. The Tribunal dismissed the application holding that the petitioner has completed 3 years which is minimum period of deputation and the maximum period of deputation of 5 years is at the discretion of the authorities. As stated above, in terms of Rule 50 of KCSRs, maximum period of deputation shall not extend beyond 5 years without the approval of the State Government. In the instant case, though the petitioner has completed 3 years of deputation, but had not completed maximum deputation period of 5 years as on the date of repatriation Office Order dated 27.02.2024. Moreover, the respondent-BBMP could not have relieved or repatriated the petitioner on the ground of complaints against the petitioner. The BBMP could have taken disciplinary action against the petitioner or kept him under - 11 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 suspension if there are any complaints against the petitioner. 11. In the peculiar fact situation, taking note of the direction of the Tribunal in Application No.5681/2021 dated 10.01.2022, the petitioner would be entitled for the relief sought in the Application. Accordingly, the writ petition is allowed. Order dated 15.04.2024 passed in Application No.850/2024 on the file of the Tribunal is set aside. Consequently, the Office Order of repatriation bearing No.B/2(5H)PR/118/23-24 dated 27.02.2024 (Annexure-A5) is also quashed. 12. Since the petitioner has already completed maximum deputation period of 5 years, it is open for the respondent- authorities to repatriate the petitioner from BBMP or the government is at liberty to recall his services from BBMP. 13. The petitioner approached the Tribunal in Application No.1340/2024 which is the subject matter of W.P.No.12693/2025, questioning the list of Deputy Range - 12 - HC-KAR NC: 2025:KHC:19953-DB WP No. 12693 of 2025 C/W WP No. 12719 of 2024 Forest Officers who are eligible for transfer by counseling. Before the Tribunal, on the ground that W.P.No.12719/2024 is pending before this Court wherein the interim order to continue the petitioner is operating, the petitioner sought interim order of stay of Annexure- A11, list of Officers eligible for transfer by counseling insofar as petitioner is concerned. 14. As W.P.No.12719/2024 stands disposed of as on this date, the ground urged by the petitioner i.e., pendency of W.P.No.12719/2024 would no more survive for consideration. It is for the Tribunal to examine the application on merit. Accordingly, W.P.No.12693/2025 also stands disposed off. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT:bms