- 1 - HC-KAR NC: 2025:KHC:22133-DB WP No. 17397 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD 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.17397 OF 2025 (S-KSAT) BETWEEN: SRI MANJUNATHA T K S/O LATE KARIYAPPA T.V., AGED ABOUT 53 YEARS, PRESENTLY WORKING AS EXCISE INSPECTOR, MADDUR RANGE, MADDUR, MANDYA DISTRICT – 571 428 RESIDING AT NO.26-G, FLAT NO.202, 5TH CROSS, 3RD MAIN, DEEVANARAPALYA, YESHWANTHAPURA, BENGALURU – 560 054. …PETITIONER (BY SRI. NARASIMHARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER, DEPARTMENT OF EXCISE, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22133-DB WP No. 17397 of 2025 2ND FLOOR, TTMC 'A' BLOCK, BMTC BUILDING, SHANTHI NAGAR, BENGALURU - 560 027. 3. THE DEPUTY COMMISSIONER OF EXCISE, MANDYA, MANDYA DISTRICT - 571 401. 4. SRI PREMSAGAR C.R., S/O RAMAIAH, AGED ABOUT 39 YEARS, WORKING AS EXCISE INSPECTOR, PALAR CHECK POST, CHAMARAJANAGAR DISTRICT – 571 313. R/O 5TH CROSS, K.H. NAGAR, MADDUR TOWN, MANDYA DISTRICT - 571 428. …RESPONDENTS (BY SRI. S.R.KHAMROZ KHAN, AGA FOR R1 TO R3; SRI. T.NARAYANASWAMY, ADVOCATE FOR SRI. RAGHUPATHI M J, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 7 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.778/2025 DATED 21/05/2025 AS PER ANNEXURE-A AND CONSEQUENTLY DISMISS THE APPLICATION IN APPLICATION NO.778/2025, 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 - 3 - HC-KAR NC: 2025:KHC:22133-DB WP No. 17397 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, an Excise Inspector aggrieved by the order dated 21.05.2025, passed by the Karnataka State Administrative Tribunal, Bengaluru (for short ‘Tribunal’) in Application No.778/2025, by which application filed by respondent No.4 is allowed, quashing the order of posting the petitioner in place of respondent No.4 at Maddur Range, Mandya district. 2. Heard learned counsel Sri.Narasimharaju, for the petitioner, learned AGA Sri.S.R.Khamroz Khan, for respondent Nos.1 to 3, as well as Sri.T.Narayanaswamy, learned counsel for Sri.Raghupathi M.J., learned counsel for respondent No.4. Perused the entire writ petition papers and also photo copies of note sheet of original records relating to passing of impugned order of posting dated 21.01.2025 (Annexure-12). - 4 - HC-KAR NC: 2025:KHC:22133-DB WP No. 17397 of 2025 3. Learned counsel for the petitioner would submit that the Tribunal committed a grave error in allowing the application of respondent No.4, setting aside the posting order of the petitioner to the place of respondent No.4, as Excise Inspector in Maddur Range, Mandya District. 4. Learned counsel for petitioner would further submit that respondent No.4 before the Tribunal has urged two grounds viz., (i) the transfer is premature (ii) that no posting is given to respondent No.4. 5. Learned counsel invites attention of this Court to the impugned order passed by the Tribunal and submits that the Tribunal has not answered with regard to premature transfer of respondent no.4 and also not adverted to the posting given to the petitioner during the pendency of the Application No.887/2025, vide Annexure- A16, dated 05.03.2025, posting respondent no.4 as Excise Inspector, Palar, Chamaraja Nagar District. - 5 - HC-KAR NC: 2025:KHC:22133-DB WP No. 17397 of 2025 6. Learned counsel for the petitioner would submit that the transfer and posting of the petitioner is approved by the Chief Minister and reasons are assigned for petitioner’s transfer. Therefore, he submits that the Tribunal could not have interfered with the order of posting of the petitioner in place of respondent No.4. 7. In addition to the above, the learned counsel for the petitioner would submit that there are many allegations against respondent No.4. As such, the Government in public interest posted the petitioner in his place and subsequently transferred respondent No.4 to Palar Division, Chamarajanagar district. 8. Per contra, learned counsel Sri.T.Narayanaswamy, for respondent No.4, would submit that the transfer of respondent no.4 was premature and no posting was given while posting the petitioner in his place. It is his submission that subsequently under O.M. dated 05.03.2025 posting was given to the petitioner to Palar, Chamarajnagar District, which was also subject - 6 - HC-KAR NC: 2025:KHC:22133-DB WP No. 17397 of 2025 matter of Application No.887/2025. Learned counsel would submit that a trap was laid against the petitioner while he was working in Kanakapura taluk, as such, he could not have been posted as Excise Inspector, Maddur Region. It is also his submission that no reasons are assigned for premature transfer of respondent no.4. As such, the transfer of respondent no.4 is opposed to Government Order dated 25.06.2024, the guidelines for transfer. 9. It is also the submission of the learned counsel for respondent No.4 with regard to the allegation referred to by the learned counsel for the petitioner, a preliminary enquiry was conducted and thereafter respondent no.4 was exonerated of the allegations. Thus, he prays for dismissing the writ petition. 10. Learned AGA has made available the photo copies of note sheet, relating to the impugned order of transfer and posting. The same is scrutinized carefully. - 7 - HC-KAR NC: 2025:KHC:22133-DB WP No. 17397 of 2025 11. Both the petitioner, as well as respondent No.4 are working in the cadre of Excise Inspector in the Department Of Excise. Respondent No.4 was posted to work as Excise Inspector, Maddur Region, Mandya District by order dated 12.07.2024. Excise Inspector post is Group-C post. Under Government Order dated 25.06.2024, Group-C officials are provided with four years tenure at the place of posting. Admittedly, respondent No.4 has not completed his tenure at Maddur. The petitioner who was respondent before the Tribunal got himself posted to Maddur initially on deputation, which was stayed by the Tribunal in Application No.255/2025. Subsequently, the petitioner got himself posted by O.M. dated 19.02.2025 in place of respondent no.4. In the said order, no posting was provided to respondent no.4 but subsequently in O.M. dated 05.03.2025, the petitioner got posted to Palar, Chamarajanagar district. For transfer and posting of respondent No.4 no reasons are forthcoming in - 8 - HC-KAR NC: 2025:KHC:22133-DB WP No. 17397 of 2025 the photo copy of the note sheet produced by learned AGA which is approved by the Chief Minister. 12. Government order dated 25.06.2024 permits premature transfer, however, the authority which is empowered to transfer shall have to record reasons and get the approval of Chief Minister. Approval of Chief Minister without recording necessary reason would not permit premature transfer. Mere recording of public interest or administrative exigencies would not be sufficient for effecting premature transfer. There shall be more than public interest and administrative exigencies to effect premature transfer. In the instant case, though the photo copy of the note sheet depicts that the petitioner is trapped by Lokayukta, was posted to respondent no.4’s place. The posting of petitioner under Official Memorandum dated 19.02.2025 and giving posting to respondent No.4 under the O.M. dated 05.03.2025 is to overcome the stay order granted by the Tribunal in Application No.255/2025 to the order of deputation of the - 9 - HC-KAR NC: 2025:KHC:22133-DB WP No. 17397 of 2025 petitioner in place of respondent no.4 under O.M. dated 21.01.2025. 13. There is no reason or ground made out to interfere with the impugned order dated 21.05.2025 in Application No.778/2025. Accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 13