- 1 - HC-KAR NC: 2025:KHC:22908-DB WP No. 18764 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH 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. 18764 OF 2025 (S-KSAT) BETWEEN: SRI A V SATHISH S/O D S VEERABHADRAPPA AGED ABOUT 58 YEARS ASSISTANT CONSERVATOR OF FOREST BANDIPURA TIGER RESERVE HEDIYALA SUB DIVISION NANJANAGUDU TALUK MYSORE DISTRICT- 571315 R/AT NO.1, FOREST QUARTERS HEDIYALA SUB DIVISION NANJANAGUDU TALUK MYSORE DISTRICT -571315. …PETITIONER (BY SRI. SATISH K., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT M S BUILDING DR. B R AMBEDKAR VEEDHI BENGALURU- 560 001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (HEAD OF FOREST FORCE) ARANDYA BHAVAN, 18TH CROSS MALLESHWARAM BANGALORE -560 003. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22908-DB WP No. 18764 of 2025 3. SRI D PARAMESH FATHER NAME NOT KNOWN AGE BY MAJOR WORKING AS ASSISTANT CONSERVATOR OF FOREST, ELEPHANT TASK FORCE HUNSUR, MYSORE DISTRICT-571105. …RESPONDENTS (BY SRI. V SHIVA REDDY, AGA, FOR R1 & R2 SRI VIJAYA SIMHA REDDY V., ADV. FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE KSAT BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 23.06.2025 PASSED IN A.NO-2778/2025 (ANNEXURE-A) AND B) SET ASIDE THE IMPUGNED ORDER DATED 23.06.2025 PASSED BY THE KSAT IN A.NO-2778/2025 IN SO FAR AS NON GRANT OF INTERIM ORDER OF STAY AS SOUGHT FOR BY THE PETITIONER IS CONCERNED (ANNEXURE-A) AND CONSEQUENTLY GRANT INTERIM RELIEF AS PRAYED FOR BY THE PETITIONER IN A.NO-2778/2025 (ANNEXURE-B) IN THE INTEREST OF JUSTICE AND EQUITY. 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 petitioner, an Assistant Conservator of Forest aggrieved by non-grant of interim order of stay in Application No.2778/2025 by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘Tribunal’) is before this Court. - 3 - HC-KAR NC: 2025:KHC:22908-DB WP No. 18764 of 2025 2. Heard learned counsel Sri.Satish.K., for petitioner, learned Additional Government Advocate Sri.V.Shiva Reddy for respondent Nos.1 and 2 and learned counsel Sri.Vijaya Simha Reddy for Caveator/respondent No.3. Perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner who is in the cadre of Assistant Conservator of Forest which is Group-A post was posted to the present post at Yediyala Sub-division on 15.07.2024. He further submits that the petitioner had tenure of two years from the date of posting. It is his specific contention that under impugned order dated 19.06.2025, the petitioner is transferred from Yadiyala Sub-division to Hunsur Sub-division and the said transfer is premature. He submits that the Tribunal without appreciating that the petitioner’s transfer is premature, rejected the interim prayer on the ground that the respondent No.3 has assumed charge and without considering the ground that the applicant is retiring within another two years, posted - 4 - HC-KAR NC: 2025:KHC:22908-DB WP No. 18764 of 2025 the matter to 09.07.2025 with a direction to the Government Pleader to take necessary instructions in the matter. 4. Learned counsel would further submit that when it is shown prima-facie that the transfer of the petitioner is premature, the Tribunal ought to have granted interim prayer as prayed for in the application till consideration of main prayer of the petitioner. 5. Learned counsel appearing for the respondents would submit that the interim prayer of the petitioner is not rejected and the matter is directed to be listed on 09.07.2025. Hence, they pray for dismissal of the writ petition. 6. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that, whether the petitioner’s transfer is premature or petitioner’s transfer is by recording reasons for premature transfer is to be - 5 - HC-KAR NC: 2025:KHC:22908-DB WP No. 18764 of 2025 considered by the Tribunal at the time of disposal of the application challenging the order of transfer dated 19.06.2025. Granting of interim prayer is discretion of the Tribunal and that discretion is to be exercised judiciously, taking note of the entire facts of the case. 7. In the instant case, the Tribunal thought it fit to get response from the respondents as to why the petitioner has been prematurely transferred and in view of his pending retirement in less than two years. 8. We do not find any error or illegality in the order passed by the Tribunal. There is no merit in the writ petition and accordingly writ petition stands rejected. SD/- (S.G.PANDIT) JUDGE SD/- (T.M.NADAF) JUDGE NC CT:bms