Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:24049 WP No. 19422 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 19422 OF 2025 (S-RES) BETWEEN:
1.
DR K P PARAMESH S/O K N PRABHUSWAMY AGED ABOUT 51 YEARS DENTAL HEALTH OFFICER RESIDING AT NO. 60 5TH CROSS, TMCS LAYOUT JP NAGAR, 1ST PHASE BANGALORE 560 078 MOBILE NO. 9845140524. …PETITIONER (BY SRI. PRASAD K P., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICE VIKAS SOUDHA, BANGALORE.
2.
THE COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, 5TH FLOOR MAGADI ROAD (LEPROSY HOSPITAL PREMISES), BANGALORE 560 023. …RESPONDENTS (BY SRI. VIKAS RAJIPURA, AGA FOR R1 & R2)
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:24049 WP No. 19422 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE PARTIALLY OF THE TRANSFER NOTIFICATION DUE TO ALLEGED ILLEGALITIES OR IRREGULARITIES IN IMPUGNED TRANSFER NOTIFICATION / ORDER DATED 25/06/2025, ISSUED BY THE RESPONDENT NO.2, VIDE ANNEXURE-D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is Civil Servant and he has to approach the Karnataka Administrative Tribunal.
2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in 1997(2) SCR 1186.
- 3 -
HC-KAR NC: 2025:KHC:24049 WP No. 19422 of 2025
3. In view of the above, the writ petition is
disposed of, reserving liberty for the petitioner to approach the appropriate legal forum.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 12