- 1 - NC: 2025:KHC:11567-DB WP No. 34137 of 2024 C/W WP No. 34249 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 34137 OF 2024 (S-KSAT) C/W WRIT PETITION NO. 34249 OF 2024 (S-KSAT) IN WP No. 34137/2024: BETWEEN: SHRI H R SURESH, AGED ABOUT 56 YEARS, S/O LATE CHIKKARAMEGOWDA, WORKING AS DEPUTY DIRECTOR, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, MYSURU DISTRICT, MYSURU R/AT NO7, 10TH CROSS, MAHAGANAPATHI TEMPLE ROAD, NEAR IG BANDAR, ALANAHALLI EXTENSION, MYSORE, MYSORE DISTRICT-570001. …PETITIONER (BY SRI. DILLI RAJAN., ADVOCATE FOR SRI. SUBBA REDDY K N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY WOMEN & CHILD DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU-560 001. 2. THE DIRECTOR WOMEN AND CHILD DEVELOPMENT DEPARTMENT M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11567-DB WP No. 34137 of 2024 C/W WP No. 34249 of 2024 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, MYSURU DISTRICT MYSURU, MYSORE DISTRICT -570 001. 4. SHRI BASAVARAJ DEPUTY DIRECTOR, WOMEN AND CHILD DEVELOPMENT (UNDER ORDERS OF TRANSFER) MYSURU DISTRICT, MYSURU-570 001. …RESPONDENTS (BY SRI.VIKAS ROJIPURA.,AGA FOR R1 & R2; SRI.GIRISH BABU., ADVOCATE FOR R3; SRI.V R SARATHY., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 27 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE WRIT IN THE NATURE OF CERTIORARI AND SET ASIDE THE ORDER PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No. 4707/2024 DATED 28.11.2024 VIDE ANNEXURE-A AND II. ISSUE WRIT IN THE NATURE OF CERTIORARI AND SET ASIDE THE IMPUGNED ORDER No. MaMaE.262.SJD.2024 DATED 02.08.2024 ISSUED BY THE RESPONDENT No. 1 (VIDE ANNEXURE-A7) AND ETC., IN WP NO. 34249/2024: BETWEEN: SHRI H R SURESH AGED ABOUT 56 YEARS S/O LATE CHIKKARAMEGOWDA WORKING AS DEPUTY DIRECTOR, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, MYSURU DISTRICT, MYSURU R/AT NO. 7, 10TH CROSS, MAHAGANAPATHI TEMPLE ROAD, NEAR IG BANDAR, ALANAHALLI EXTENSION, MYSORE, MYSORE DISTRICT 570 001. ...PETITIONER (BY SRI. DILLI RAJAN., ADVOCATE FOR SRI. SUBBA REDDY K N.,ADVOCATE) - 3 - NC: 2025:KHC:11567-DB WP No. 34137 of 2024 C/W WP No. 34249 of 2024 AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY WOMEN & CHILD DEVELOPMENT DEPARTMENT , M S BUILDING, BENGALURU 560 001. 2. THE DIRECTOR WOMEN & CHILD DEVELOPMENT DEPARTMENT , M S BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU 560 001. 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, MUSURU DISTRICT MYSURU, MYSORE DISTRICT 570 001. 4. SHRI MANJUNATH WORKING AS DISTRICT PROGRAMME OFFICER WOMEN & CHILD DEVELOPMENT DEPARTMENT, MYSURU DISTRICT, MYSURU 570 001. ...RESPONDENTS (BY SRI.VIKAS ROJIPURA.,AGA FOR R1 & R2; SRI.GIRISH BABU., ADVOCATE FOR R3; SRI.V R SARATHY.,ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CETIORARI AND SET ASIDE THE ORDER PASSED BY THE HONBLE KSAT IN A.No- 3852/2024 DATED 28.11.2024 VIDE ANNEXURE-A AND II) ISSUE WRIT IN THE NATURE OF CERTIORARI AND SET ASIDE THE IMPUGNED ORDER No.MaMa.257SJD.2024 DATED 23.07.2024 ISSUED BY THE 1ST RESPONDENT (VIDE ANNEXURE-A5) AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR - 4 - NC: 2025:KHC:11567-DB WP No. 34137 of 2024 C/W WP No. 34249 of 2024 ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Petitioner, a civil servant, is knocking at the doors of Writ Court for assailing the State Administrative Tribunal’s common order dated 28.11.2024, whereby his two cases namely Application No.3852/2024 C/w Application No.4707/2024 have been dismissed. In the first Application, petitioner had called in question his transfer vide order dated 2.8.2024 and in the second Application, he had challenged posting of private respondent to his place. 2. Learned counsel for the petitioner vehemently argues that the impugned orders of transfer and posting are violative of Transfer Guidelines since petitioner is misplaced before completing the retention period under the Transfer Guidelines. Learned AGA appearing for the official respondents points out that petitioners’ transfer is not on innocuous grounds but because of allegation of his misbehaviour with the women staff and misuse of power. - 5 - NC: 2025:KHC:11567-DB WP No. 34137 of 2024 C/W WP No. 34249 of 2024 He submits that in such cases, ordinarily the Transfer Guidelines do not come to aid of the petitioner and therefore, there is no requirement of any approval of Hon’ble Chief Minister. 3. Having heard the learned counsel for the parties and having perused the Petition Papers, we decline indulgence in the matter broadly agreeing with reasoning of the Tribunal at para 8 which reads as under: “Further I have also gone through the sub- clause (3) of Clause -4 of recent transfer guidelines dated 25.06.2024 which made it clear that a Government servants against whom there are serious charges and against whom departmental proceedings/criminal proceedings are initiated or pending or prosecution being contemplated shall not be posted to sensitive/executive post and should be posted to non-executive post where he cannot interfere with investigation against them. Further a government servant against whom a departmental enquiry/criminal case is pending should not be posted to the post requested by him. The facts made it clear that when the departmental enquiry has been initiated as against the applicant by issuing show cause notice u/r 12 of KCS (CCA) Rules, 1957 for serious allegations against him, certainly, he should not be continued in the place in the mischief area where the applicant was working at Mysore. He has been shifted from that place - 6 - NC: 2025:KHC:11567-DB WP No. 34137 of 2024 C/W WP No. 34249 of 2024 to avoid that he should not influence upon the witnesses and he cannot tamper the evidence. The transfer of the applicant is permissible under sub-clause (3) of Clause-4 of transfer guidelines dated 25.06.2024. As such, the Hon’ble Apex court in the case of State of U.P. vs. Gobardan lal has held that the Tribunal & Courts will not normally interfere since the orders are always passed in public interest and to meet administrative exigencies. ” In the above circumstances, both the petitions being devoid of merits, are liable to be and accordingly dismissed, costs having been made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE cbc List No.: 1 Sl No.: 9