- 1 - NC: 2025:KHC-D:3008-DB WP No. 101122 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 101122 OF 2025 (S-KAT) BETWEEN: DR. SANJAY DUMMAGOL, S/O. RAMAPPA, AGE: 51 YEARS, OCC: TALUKA HEALTH OFFICER, BELAGAVI TALUK, HEALTH AND FAMILY WELFARE DEPARTMENT, BELAGAVI-590001. R/O. KUMARSWAMY LAYOUT, BELAGAVI, DIST: BELAGAVI, (NOW TRANSFERRED AND POSTED TO GENERAL HOSPITAL AURAD TALUK) …PETITIONER (BY SRI. VISHWANATH BADIGER, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT VIKAS SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER HEALTH AND FAMILY WELFARE DEPARTMENT, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. 3. THE DISTRICT HEALTH OFFICER, NEAR 2ND RAILWAY GATE, VACCINE DEPOT, HINDU NAGAR, TILAKWADI, BELAGAVI-590006, DIST. BELAGAVI. …RESPONDENTS (BY SRI. G. H. HIREGOUDAR, GOVERNMENT ADVOCATE) THIS MEMORANDUM OF WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA: PRAYING TO, PASS AN INTERIM ORDER OF STAY, STAYING THE OPERATION OF IMPUGNED ORDER DATED 13.11.2024 ISSUED BY RESPONDENT No.2 DURING THE PENDING DISPOSAL OF THE APPLICATION. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, THE COURT MADE THE ORDER THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3008-DB WP No. 101122 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner has unsuccessfully challenged the transfer notification dated 13.11.2024 posting him as the Emergency Doctor, General Hospital, Aurad Taluk in Bidar District in his application in No.13364/2024 with the Karnataka State Administrative Tribunal, Belagavi [for short, ‘the Tribunal’]. The Tribunal has refused to interfere with the notification essentially because: [i] a Government servant cannot claim a right to be posted in a particular place, [ii] the investigation/ departmental proceedings are midway and if the petitioner is continued at the same place, the chances of he influencing the witnesses and interfering with the on- going proceedings cannot be ruled out. 2. Sri. Vishwanath Badiger, the learned counsel for the petitioner, contends that this Court must interfere with the Tribunal’s impugned order dated 18.01.2025 because the Tribunal has failed to consider that the order placing the petitioner under suspension is not revoked but quashed by the Tribunal in an earlier - 3 - NC: 2025:KHC-D:3008-DB WP No. 101122 of 2025 application, which entitles the petitioner to immediate reinstatement in the post that he held when he was suspended. The learned counsel also canvases that the investigation by the Lokayukta is stayed, and that there are vacancies in Belagavi District but the petitioner is transferred to Aurad Taluk in Bidar District. 3. Sri. G.K. Hiregoudar, the learned Principal Government Advocate, is heard in the light of these submissions. However, what emerges is that the departmental proceedings are still under way and if these proceedings are under way, this Court cannot take exception with the Tribunal’s reasoning that if the petitioner is continued in the same post these could be interference and that a Government servant does not have a right to be posted in a particular place notwithstanding circumstances. Therefore, there is no reason for interference with the impugned notification of the Tribunal’s order. - 4 - NC: 2025:KHC-D:3008-DB WP No. 101122 of 2025 4. However, this Court is of the considered view that if there are vacancies within the Belagavi District, the second respondent must consider the possibility of posting the petitioner to such post because the proceedings and the impugned notification dated 13.11.2024 are admittedly within two years, the minimum tenure that is assured under the Transfer Guidelines. Hence, the petition stands disposed of reserving liberty to the petitioner to file a representation with the second respondent for posting in Belagavi District directing the second respondent to consider the same and communicate a reasoned order within a period of eight [8] weeks from the date of receipt of the representation. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/CT:VG LIST NO.: 1 SL NO.: 11