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2025 DAILYLAW 29345 (KAR)

SRI. YOGANANDA M B v. THE STATE OF KARNATAKA

WP/17585/2025 · 2025-06-20

S G Pandit, T M Nadaf

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21390-DB WP No. 17585 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.17585 OF 2025 (S-KSAT) BETWEEN: SRI. YOGANANDA M B AGED ABOUT 44 YEARS, S/O BASAVAIAH M D WORKING AS FDA OFFICE OF THE DEPUTY DIRECTOR, SCHOOL EDUCATION DEPARTMENT, (PRE UNIVERSITY), MANDYA DISTRICT -571 401. RESIDING AT NO.4819, SRI BASAVEGOWDANIVASA, 13TH CROSS, J P RAIL MILL ROAD, V V NAGARA, KALLAHALLI, MANDYA, MANDYA DISTRICT -571 401 …PETITIONER (BY SRI K.N.PHANINDRA, SR. COUNSEL FOR SRI SRINIVASA C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT (PRE UNIVERSITY), M.S.BUILDING, BENGALURU -560 001. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21390-DB WP No. 17585 of 2025 2. THE DIRECTOR SCHOOL EDUCATION AND LITERACY DEPARTMENT,(PRE-UNIVERSITY) SAMPIGE ROAD, MALLESHWARAM, BENGALURU -560 003. 3. THE DEPUTY DIRECTOR OF SCHOOL EDUCATION DEPARTMENT (PRE-UNIVERSITY), MANDYA MANDYA DISTRICT -571 401. …RESPONDENTS (BY SRI B.RAVINDRANATH, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 11.06.2025 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION No.2529/2025(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) The petitioner – First Division Assistant in the office of the Deputy Director, School Education Department, Mandya is before this Court under Article 226 of Constitution of India, questioning the order dated 11.06.2025 in Application No.2529/2025, passed by the Karnataka State Administrative - 3 - HC-KAR NC: 2025:KHC:21390-DB WP No. 17585 of 2025 Tribunal, Bengaluru, rejecting the interim prayer to stay the order of transfer dated 09.06.2025 - Annexure-A4. 2. Heard learned Senior Counsel – Sri K.N. Phanindra for learned counsel Sri Srinivasa C., for petitioner and learned Additional Government Advocate – Sri B. Ravindranath for respondent Nos.1 to 3. Perused the writ petition papers. 3. Learned Senior Counsel - Sri K.N. Phanindra would contend that the transfer of the petitioner from Mandya to Bellary is premature and the said transfer is based on the complaint dated 26.05.2025 produced at Annexure – A3. It is also submitted that the petitioner was posted to Mandya in August 2024. It is the contention of the learned Senior Counsel that respondent No.2 without providing any opportunity, on the allegations contained at Annexure-A3 dated 26.05.2025, has effected the transfer. 4. The writ petition is against the interim order rejecting the petitioner’s prayer to stay the order of transfer dated 09.06.2025. The transfer under Annexure-A4 dated 09.06.2025 is based on the complaint at Annexure-A3 dated 26.05.2025 by peoples’ representative. Whether transfer is premature or whether the petitioner ought to have given an - 4 - HC-KAR NC: 2025:KHC:21390-DB WP No. 17585 of 2025 opportunity is a matter for Tribunal to consider and pass appropriate order at the time of disposal of the application. At this stage, it appears that taking note of the material on record, the Tribunal has exercised its discretion judiciously. 5. In the above circumstances, we do not find any ground to interfere with the interim order passed by the Tribunal. 6. Accordingly, the writ petition stands rejected. 7. However, the Tribunal is requested to dispose of the application of the petitioner questioning the transfer as far as possible within four weeks. 8. The Tribunal shall dispose of the matter without being influenced by its own finding recorded in the impugned interim order. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MR