- 1 - HC-KAR NC: 2025:KHC:19559-DB WP No. 14701 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH 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. 14701 OF 2025 (S-KSAT) BETWEEN: SRI. GURUBASAVE GOWDA S/O ERE GOWDA, AGED ABOUT 50 YEARS, JOINT CONTROLLER OF ACCOUNTS, STATE ACCOUNTS DEPARTMENT, PRESENTLY WORKING AS CHIEF AUDITOR, BRUHAT BENGALURU MAHANAGARA PALIKE, 3RD FLOOR, B.B.M.P. COMMERCIAL COMPLEX, SUBHASHNAGAR, MAJESTIC, BEHIND UPPARA POLICE STATION BENGALURU 560 001. RESIDING AT NO. 107, ANJANADRI RESIDENCE, MARENAHALLI ROAD, VIJAYANAGAR, BANGALORE -560 040. …PETITIONER (BY SRI. SATISH K., ADV.) AND: 1. THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BANGALORE- 560 001. 2. THE PRINCIPAL DIRECTOR, KARNATAKA STATE AUDIT AND ACCOUNTS DEPARTMENT, T.T.M.C BUILDING, 3RD FLOOR, 'A' BLOCK, B.M.T.C. SHANTHINAGARA, BENGALURU - 560 027. 3. CHIEF COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19559-DB WP No. 14701 of 2025 HUDSON CIRCLE, BENGALURU-560 001. 4. SRI. LINGANNA GUNDAHALLI, FATHER'S NAME NOT KNOWN TO THE PETITIONER, MAJOR WORKING AS JOINT CONTROLLER (FINANCE), WOMEN AND CHILD DEVELOPMENT DEPARTMENT, M. S. BUILDING, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B RAVINDRANATH, AGA FOR R1 & R2 SRI T NARAYANASWAMY, ADV. FOR SRI RAGHUPATHI M.J., 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 14.05.2025 PASSED IN APPLICATION NO. 2189/2025 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR FINAL 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) The applicant before the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘Tribunal’) in Application No.2189/2025 is before this Court aggrieved by interim order dated 14.05.2025, refusing to grant stay of the impugned transfer order dated 09.05.2025 (Annexure-A4). - 3 - HC-KAR NC: 2025:KHC:19559-DB WP No. 14701 of 2025 2. Heard learned counsel Sri.K.Satish for petitioner, learned Additional Government Advocate Sri.B.Ravindranath for respondent Nos.1 and 2 and learned counsel Sri.T.Narayanaswamy for Sri.Raghupathi.M.J., learned counsel for respondent No.4. Perused the entire writ petition papers. 3. Both the petitioner as well as respondent No.4 belong to the cadre of Joint Controller in the State Accounts Department. The petitioner is working as Chief Auditor in the third respondent – BBMP in pursuance to Government Order dated 26.07.2023 and reported on 29.11.2023 belatedly due to litigation. The respondent No.4 was working as Joint Controller (Finance), Women and Child Development Department, Bengaluru was posted as Chief Accounts Officer, KRIDL under notification dated 02.04.2025. 4. Under impugned order dated 09.05.2025, the fourth respondent was posted as Chief Auditor (BBMP) in - 4 - HC-KAR NC: 2025:KHC:19559-DB WP No. 14701 of 2025 place of the petitioner and petitioner was posted as Finance Officer, Maharani Cluster University, Bengaluru against a vacant post. Questioning the said order, the petitioner was before the Tribunal. The fourth respondent had filed Caveat and along with memo, produced certain documents. The Tribunal taking note of submission of the learned counsel appearing for the parties as well as taking note of the documents produced along with memo by respondent No.4, having stated that the transfer is premature, however by observing that there is serious allegation against the petitioner, refused to grant stay of the impugned order of transfer dated 09.05.2025. Questioning the same, the petitioner is before this Court in this writ petition. 5. When the above writ petition came up for ‘Preliminary Hearing’ before this Court on 20.05.2025 on hearing the learned counsel for the petitioner, this Court granted interim order of stay as prayed for by the petitioner. Respondent No.4 filed application for vacating - 5 - HC-KAR NC: 2025:KHC:19559-DB WP No. 14701 of 2025 interim order contending that the fourth respondent had filed caveat against the interim order passed by the Tribunal in Caveat No.10764/2025 and as the Caveator is not heard on the interim prayer of the petitioner, sought for vacating the interim order. Considering the said submission, this Court by order dated 06.06.2025 vacated the interim order, posting the matter to consider interim prayer or for final disposal of the matter on 09.06.2025. Today, with the consent of learned counsel appearing for the parties, the writ petition is taken up for final disposal, since the challenge is only to the interim order passed by the Tribunal. 6. Learned counsel Sri.K.Satish for petitioner would submit that the petitioner has not completed his tenure of two years at BBMP as he was able to report as Chief Auditor of BBMP only on 29.11.2023 and further he submitted that the allegations and the order of suspension taken note of by the Tribunal while refusing to grant interim order relates to the year 2019 and subsequently - 6 - HC-KAR NC: 2025:KHC:19559-DB WP No. 14701 of 2025 the matter is closed. Further, he has submitted that the petitioner is not relieved and he is working in the BBMP itself. As the Tribunal has come to the conclusion that the transfer of the petitioner is premature, could not have taken note of the earlier allegations placed on record by respondent No.4. Thus, he prays for allowing the writ petition and to grant interim order as prayed before the Tribunal. 7. Per contra, learned counsel Sri.T.Narayanaswamy appearing for respondent No.4 would submit that the fourth respondent is without posting, as before he could report to duty at KRIDL, the present impugned order dated 09.05.2025 is passed providing posting to the petitioner as Chief Auditing Officer, BBMP. Further, learned counsel would submit that though the suspension of the petitioner is revoked, the enquiry is not yet completed. Further, he would submit that note sheet produced by the petitioner to indicate closure of the matter is truncated one and his categorical submission is that the - 7 - HC-KAR NC: 2025:KHC:19559-DB WP No. 14701 of 2025 enquiry is yet to be completed by passing final order. Thus, he prays for dismissal of the writ petition. 8. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, the only question which falls for our consideration is as to, “Whether the petitioner has made out prima-facie case for grant of interim order as prayed before the Tribunal?” 9. On going through the writ petition papers and having heard the learned counsel appearing for the parties, we are of the considered view that the petitioner has made out a prima-facie case for grant of interim prayer. 10. The impugned order of transfer is dated 09.05.2025. Admittedly, the petitioner has taken charge as Chief Audit Officer on 29.11.2023 at BBMP. He has not completed his tenure of two years. Admittedly, the post of - 8 - HC-KAR NC: 2025:KHC:19559-DB WP No. 14701 of 2025 Joint Controller of State Accounts Department belongs to Group-A senior scale. Under Government order laying down transfer guidelines, provides minimum two years tenure to such Group-A Officers. The Tribunal having rightly come to the conclusion that the present transfer is premature, could not have rejected the interim prayer of the petitioner only on the documents produced by fourth respondent along with memo. The Tribunal ought to have verified with the respondent No.1 those documents before coming to the conclusion that there are serious allegations against the petitioner. This Court restrains itself from giving any finding on the contentions raised by the petitioner or respondent No.4 at this stage of the proceedings. 11. For the reasons recorded above, we pass the following: ORDER a) Order dated 14.05.2025 in Application No.2189/2025 passed by the Tribunal is set aside. - 9 - HC-KAR NC: 2025:KHC:19559-DB WP No. 14701 of 2025 b) The impugned order of transfer bearing No.DE/158/gÁ¯É¥À/2025 dated 09.05.2025 insofar as petitioner and respondent No.4 are stayed. c) The Tribunal shall dispose of the application without being influenced by any of the observations made herein above or in course of impugned interim order; d) The Tribunal is requested to dispose of the application as far as possible within 15 days from the date of receipt of copy of this order. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 15