Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21394-DB WP No. 14683 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH 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. 14683 OF 2025 (S-KSAT) BETWEEN:
SARI MANJUNATH GALAGALI S/O LATE CHANDRASHEKAR GALAGALI, AGED ABOUT 36 YEARS, PRESENTLY WORKING AS INSPECTOR OF EXCISE, OFFICE OF THE INSPECTOR OF EXCISE, KOPPAL RANGE, BT PATIL NAGARA, KOPPAL DISTRICT, KOPPAL - 583 231. …PETITIONER (BY SRI SATISH K, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE (EXCISE), 2ND FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE COMMISSIONER, DEPARTMENT OF EXCISE, 2ND FLOOR, TTMC 'A' BLOCK, BMTC BUILDING, K. H. ROAD, SHANTHINAGAR, BENGALURU - 560 027.
3.
THE DEPUTY COMMISSIONER OF EXCISE, KOPPAL DISTRICT, KOPPAL -583 238.
Digitally signed by R MANJUNATHA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:21394-DB WP No. 14683 of 2025
4.
SRI. RAMESH BHEEMAPPA AGADI, S/O. BHEEMAPPA AGADIK, AGED ABOUT 40 YEARS, WORKING AS EXCISE INSPECTOR, OFFICE OF INSPECTOR OF EXCISE, KOPPAL RANGE, KOPPAL, RESIDING AT NO. 31, TUMMARGUDDI VILLAGE, YALABURGA TALUK, KOPPAL DISTRICT - 583 236. …RESPONDENTS (BY SRI B. RAVINDRANATH, AGA FOR R1 TO R3;
SRI VIJAY KUMAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 14.05.2025 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No.2185/2025, IN SO FAR AS THE INTERIM
ORDER OF STAY OF THE ORDER OF TRANSFER DATED 09.05.2025 IS CONCERNED (ANNEXURE-A).
THIS PETITION, COMING ON FOR ORDERS, 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)
Heard learned counsel Sri K. Satish, for the petitioner, learned counsel – Sri Vijaykumar Bhajantri for respondent No.4 as well as learned Additional Government
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HC-KAR NC: 2025:KHC:21394-DB WP No. 14683 of 2025
Advocate for respondent No.1 to 3. Perused the writ petition papers. 2. The petitioner is before this Court questioning the grant of interim order dated 14.05.2025, passed in favour of respondent No.4 in application No.2185/2025 by the Karnataka State Administrative Tribunal, Bengaluru, staying the order of transfer dated 09.05.2025 (Annexure- A6) insofar as petitioner and respondent No.4 are concerned. 3. Petitioner and respondent No.4 are in the cadre of Inspector of Excise in the Excise Department. Under impugned order of transfer, dated 09.05.2025 (Annexure- A6), petitioner was posted in place of respondent No.4 as Excise Inspector, Koppal Range, Koppal, without providing any posting to respondent No.4. The Tribunal noticing that no posting is given to respondent No.4, under impugned order dated 14.05.2025 stayed the order of transfer, against which the petitioner is before this Court. - 4 -
HC-KAR NC: 2025:KHC:21394-DB WP No. 14683 of 2025
4. The only ground on which the Tribunal stayed the order of transfer and posting of petitioner in place of respondent No.4 is that the respondent No.4 was not provided with posting. 5. Today Learned Additional Government Advocate along with memo dated 14.05.2025 places on record official memorandum dated 18.06.2025, providing posting to respondent No.4 as Excise Inspector, Goranahalli check post, Bidar District. 6. In view of the posting provided to the respondent No.4, the interim order granted by the Tribunal requires to be modified. However, learned counsel - Sri Vijayakumar Bhajantri would submit that instead of reporting at posting given under official memorandum dated 18.06.2025, he may be permitted to participate in the transfer counselling, in pursuance to Karnataka Civil Services (Excise Department officers and officials Transfer) Rules, 2025. The said Rules has come into effect from 14.05.2025. - 5 -
HC-KAR NC: 2025:KHC:21394-DB WP No. 14683 of 2025
7. In view of the Rules 2025, the transfer of Excise Inspector shall have to take place in terms of the said Rules. In addition to the posting provided to respondent No.4 under official memorandum dated 18.06.2025, respondent No.4 is also permitted to participate in transfer counselling of Excise Inspectors. 8.
For the foregoing reasons, the interim order dated 14.05.2025 in application No.2185/2025 passed by Tribunal is set aside. 9. With the above, the writ petition stands
disposed of accordingly.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (T.M.NADAF) JUDGE
MR