- 1 - HC-KAR NC: 2025:KHC:19267-DB WP No. 16210 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH 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.16210 OF 2025 (S-KSAT) BETWEEN: DR.K.H.PRASAD S/O LATE K.C. HOBALAIAH AGED ABOUT 58 YEARS, WORKING AS DEPUTY DIRECTOR, O/O DIVISIONAL JOINT DIRECTOR, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, METAGALLY, KRS MAIN ROAD, MYSURU - 570 016, R/AT NO.1139, PRAMA, II CROSS ROAD, SRIRAMAPURA 2ND STAGE, SRIRAMAPURA, MYSURU - 570 023 …PETITIONER (BY SRI. VIJAYA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPD.BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASASOUDHA, BENGALURU - 560 001 2. THE COMMISSIONER , HEALTH AND FAMILY Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19267-DB WP No. 16210 of 2025 WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU – 560 023 3. DR.MALLIKA, MAJOR, DEPUTY DIRECTOR, O/O DIVISIONAL JOINT DIRECTOR, MYSURU DIVISION, MYSURU DISTRICT-570 001 …RESPONDENTS (BY SRI. V SHIVA REDDY, AGA FOR R1 & R2; VIDE ORDER DATED 06.06.2025, NOTICE TO R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 03.06.2025 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION No.2430/2025 VIDE ANNEXURE-A AND ALLOW THE APPLICATION, ETC 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 Sri.Vijaykumar, learned counsel for the petitioner and Sri.V.Shiva Reddy, learned AGA, who has taken notice for the respondents No.1 and 2. - 3 - HC-KAR NC: 2025:KHC:19267-DB WP No. 16210 of 2025 2. Notice to respondent No.3 is dispensed with taking note of the nature of order that would be passed in this writ petition. 3. Learned counsel for the petitioner would submit that in terms of Annexure – A1, notification dated 24.08.2023, the petitioner was posted as Deputy Director, Health and Family Welfare Services Department, Mysuru. Thereafter, under O.M. dated 15.06.2024 (Annexure – A3), the petitioner was placed in additional charge of the post of Divisional Joint Director, Health and Family Welfare Services Department, Mysuru, in addition to the original post of Deputy Director, Health and Family Welfare Services Department, Mysuru. 4. Learned counsel for the petitioner would submit that under impugned Government Order dated 29.05.2025 (Annexure – A6), on certain allegations, the lien of the petitioner is shifted from the post of Divisional Joint Director, Health and Family Welfare Services Department, - 4 - HC-KAR NC: 2025:KHC:19267-DB WP No. 16210 of 2025 Mysuru division to the Commissioner, Health and Family Welfare Services Department. Further, it is submitted that impugned order also would direct the petitioner to appear before counseling for further posting. 5. Sri.Vijaykumar, learned counsel for the petitioner would contend that if the allegations against the petitioner are required to be enquired, the said allegations relates to working of the petitioner as Divisional Joint Director. If the respondents found any irregularity, the respondents ought to have sent back the petitioner to his original post of Deputy Director, Health and Family Welfare Services Department at Mysuru, since the petitioner has not completed his tenure as Deputy Director, Health and Family Welfare Services Department at Mysuru as he is posted to the said post on 28.08.2023. Learned counsel would submit that the Tribunal when the said impugned order was challenged in application No.2430/2025, failed to grant any interim order while ordering notice to the respondents. - 5 - HC-KAR NC: 2025:KHC:19267-DB WP No. 16210 of 2025 6. Learned counsel Sri.Vijaya Kumar fairly submits that the petitioner may not be entitled to continue in the charge i.e., additional charge of the post of Divisional Joint Director, Health and Family Welfare Services Department, Mysuru, but the petitioner would be entitled to continue in the post of Deputy Director, Health and Family Welfare Services Department, Mysuru. 7. Per contra, learned Additional Government Advocate Sri.V.Shiva Reddy would submit that since the department has found certain irregularities by the petitioner, his lien has been shifted. In that circumstance, the petitioner would not be entitled for any interim order and he justifies the order of the Tribunal refusing to grant interim 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 writ petition papers, we are of the considered opinion that the petitioner would not - 6 - HC-KAR NC: 2025:KHC:19267-DB WP No. 16210 of 2025 be entitled to continue in the post of Divisional Joint Director, Health and Family Welfare Services, Mysuru, in which post he was placed in additional charge in terms of the O.M., dated 15.06.2024 (Annexure-A3) till enquiry is conducted and the Tribunal decides the main prayer of the petitioner. However, the petitioner would be entitled to continue in the original post which he held in pursuance to Annexure-A1, notification dated 24.08.2023 i.e., Deputy Director of Health and Welfare Services, Mysuru. 9. Hence, the following: ORDER a) The petitioner would be entitled for interim order to the extent of continuing the petitioner as Deputy Director of Health and Family Welfare Services, Mysuru. b) Till disposal of the application before the Tribunal, the petitioner would not be entitled for holding the post of Divisional Joint Director, Health and Family Welfare - 7 - HC-KAR NC: 2025:KHC:19267-DB WP No. 16210 of 2025 Services Department, Mysuru as additional charge. c) In terms of the Transfer Guidelines, the Government could effect the transfer of the petitioner. d) Accordingly, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH,NC List No.: 1 Sl No.: 11