- 1 - HC-KAR NC: 2025:KHC:36421 WP No. 27343 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27343 OF 2025 (S-TR) BETWEEN: JAYANAIK M B S/O BADIYANAIK AGED ABOUT 47 YEARS WORKING AS ACCOUNTS SUPERINTENDENT CITY MUNICIPAL COUNCIL CHAMARAJA NAGAR-571 313 …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECREARY TO URBAN DEVELOPMENT DEPARTMENT (MA 1 AND 3 ) VIDHANA SOUDHA, BANGALORE 560001. 2. THE DIRECTORATE OF MUNICIPAL ADMINISTRATION VISHVISWARAIAH TOWERS DR ABMBEDKAR VEEDHI BANGALORE 560001. 3. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGARA 571 313. 4. THE COMMISSIONER CITY MUNICIPAL COUNCIL, CHAMARAJA NAGAR 571 313 …RESPONDENTS (BY SRI.VIKAS R, AGA.) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36421 WP No. 27343 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND QUASH THE NOTIFICATION/ORDER DATED 30/08/2025 BEARING NO NA.A.E175 TME 2025 (E) VIDE ANNEXURE B TO THE WRIT PETITION AND, IN SO FAR PETITIONER IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the transfer order dated 30.08.2025 vide Annexure-B issued by the first respondent, in so far as the petitioner is concerned. 2. The petitioner was working as an Accounts Superintendent in the fourth respondent - City Municipal Council. By the impugned order, vide Annexure-B, he was transferred from Chamarajanagara Municipal Council to Gokak Municipal Council. 3. The main contention urged by the learned counsel for the petitioner is that, the impugned transfer order is - 3 - HC-KAR NC: 2025:KHC:36421 WP No. 27343 of 2025 passed at the middle of the academic year, after the last date of general transfers. In view of the transfer guidelines, the transfer order was passed without jurisdiction. 4. On instructions, the learned AGA submitted that on the administrative exigency, the impugned transfer order has been passed after taking the approval of the Chief Minister. To that effect, he has produced the original records. From the records, it is very clear that the Chief Minister has approved the transfer order. Therefore, there is no illegality or error in the transfer order passed by the respondents. Hence, the petition is liable to be dismissed. Accordingly, it is dismissed. At this stage, the learned counsel for the petitioner submits that, from the date of transfer order, the competent authority has not relieved him from the service. - 4 - HC-KAR NC: 2025:KHC:36421 WP No. 27343 of 2025 Therefore, he is unable to report to the duty and that period has been treated as an unauthorized absence. If that would be the case, liberty is reserved to the petitioner to submit a representation to the competent authority. If such a representation is submitted, the same may be considered in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 5