- 1 - HC-KAR NC: 2025:KHC:43779-DB WA No. 67 of 2025 C/W WA No. 81 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 67 OF 2025 (S-RES) C/W WRIT APPEAL NO. 81 OF 2025 (S-TR) IN WA No. 67/2025: BETWEEN: 1. SRI RAJU S/O LAKSHMAIAH AGED MAJOR, 58 STORES KEEPER GRII, DIVISIONAL STORES, KANAKAPURA DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT …APPELLANT (BY SRI. P.P.HEGDE SENIOR COUNSEL ALONG WITH GOWTHAMDEV C ULLAL., ADVOCATE) AND: 1. SRI L SHANKAR S/O LATE LINGAIAH, AGED ABOUT 58 YEARS, STORES KEEPER GR.II, DIVISIONAL STORES, KANAKAPURA DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43779-DB WA No. 67 of 2025 C/W WA No. 81 of 2025 2. THE GENERAL MANAGER (A AND HR), BESCOM, KR CIRCLE, BANGALORE 560 001 3. THE SUPERINTENDING ENGINEER ELEC BESCOM RAMANAGARA CIRCLE RAMANAGAR 562 159. 4. THE EXECUTIVE ENGINEER ELEC BESCOM KANAKAPURA O AND M DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT. …RESPONDENTS (BY SRI. SRINIVASA K., FOR R1 (VK NOT FILED); RAKSHITA D J FOR R2-R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 28.11.2024 OF THE LEARNED SINGLE JUDGE PASSED IN WP No-21578/2024 (S-RES) AND ALLOW THE WP. IN WA NO. 81/2025: BETWEEN: 1. SRI RAJU S/O LAKSHMAJAH PETITIONER AGED 58 YEARS, STORES KEEPER GRII, DIVISIONAL STORES, KANAKAPURA DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT ...APPELLANT (BY SRI. P.P.HEGDE SENIOR COUNSEL ALONG WITH SRI. GOWTHAMDEV C ULLAL., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:43779-DB WA No. 67 of 2025 C/W WA No. 81 of 2025 AND: 1. SRI L SHANKAR S/O LATE LINGAIAH, AGED ABOUT 58 YEARS, STORES KEEPER GR.II, DIVISIONAL STORES, KANAKAPURA DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT 2. THE GENERAL MANAGER (A AND HR), BESCOM, KR CIRCLE, BANGALORE 560 001 3. THE SUPERINTENDING ENGINEER ELEC BESCOM RAMANGARA CIRCLE RAMANAGAR 562 159. 4. THE EXECUTIVE ENGINEER ELEC BESCOM KANAKAPURA O AND M DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT ...RESPONDENTS (BY SRI. SRINIVASA K., ADVOCATE FOR R-1; RAKSHITHA D.J FOR R2-R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 28.11.2024 OF THE LEARNED SINGLE JUDGE PASSED IN W.P No. 24194/2024 (S-RES) AND ALLOW THE WRIT PETITION, ETC. THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and - 4 - HC-KAR NC: 2025:KHC:43779-DB WA No. 67 of 2025 C/W WA No. 81 of 2025 HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeals are filed impugning the judgment and order dated 28.11.2024 passed by the learned Single Judge in W.P.No.21578 of 2024 connected with W.P.No.24194 of 2024. 2. For the sake of convenience, the parties are referred to as per their rankings before the learned Single Judge. 3. Pursuant to the order dated 12.07.2024 the petitioner/Sri.L.Shankar was transferred from Hesaraghatta Sub Division to Kanakapura Divisional Stores Branch of the BESCOM. According to the petitioner he was relieved from his previous posting at Hesaraghatta Sub- Division on 16.07.2004 and on 18.07.2004 when he went to take charge at Kanakapura Divisional Stores Branch, he was prevented from taking the charge. Thereafter, his transfer order came to be cancelled vide order dated 31.07.2024. The petitioner challenged the said - 5 - HC-KAR NC: 2025:KHC:43779-DB WA No. 67 of 2025 C/W WA No. 81 of 2025 cancellation order dated 31.07.2024 by filing W.P.No.24194/2024. The learned Single Judge vide impugned judgment and order has set aside the cancellation order dated 31.07.2024 and directed that the petitioner should be allowed to take charge at Kanakapura Divisional Stores Branch in pursuance to the order of transfer dated 12.07.2024. 4. Mr. P.P. Hegde, learned Senior Counsel assisted by Sri Gowthamdev C Ullal, learned counsel for the appellant/Sri Raju, who was respondent No.4 in W.P.No.24194/2024 has submitted that petitioner/ Sri.L. Shankar is facing departmental proceedings for serious charges, and when this fact was realised by the competent authority, he was prevented from taking charge at Kanakapura Divisional Stores Branch on 18.07.2024, and finally by order dated 31.07.2024, the order of transfer dated 12.07.2024 came to be cancelled. He further submitted that petitioner/Sri L. Shankar cannot claim as a matter of right to be posted at a place of his - 6 - HC-KAR NC: 2025:KHC:43779-DB WA No. 67 of 2025 C/W WA No. 81 of 2025 choice and it is always the discretion of the competent authority concerned, taking into consideration the exigency of service would be empowered to post an employee as per the requirement of the BESCOM. It is further submitted that cancellation of the transfer order dated 12.07.2024 vide order dated 31.07.2024 cannot be said to be prejudicial to the interest of the petitioner/ Sri.L.Shankar, in any manner, inasmuch as petitioner/ Sri.L.Shankar would continue the work at his previous place i.e., at Hesaraghatta Sub Division and draw the same salary and discharge the same function and duties. There is no change in the status or the nomenclature of his post. 5. It is further submitted that learned Single Judge has wrongly interfered with the discretion exercised by the competent authority in cancelling the transfer order dated 12.07.2024 vide order dated 31.07.2024. 6. On the other hand, learned counsel appearing for respondent No.1/Sri.L.Shankar submits that - 7 - HC-KAR NC: 2025:KHC:43779-DB WA No. 67 of 2025 C/W WA No. 81 of 2025 Sri.L.Shankar has made a representation for considering his posting near to his residence and after considering the said representation, the authority passed the order dated 12.07.2024 transferring him to Kanakapura Divisional Stores Branch of BESCOM. He further submitted that the order dated 31.07.2024 cancelling the transfer order dated 12.07.2024 is without any rhyme or reason and therefore, the learned Single Judge has rightly interfered with the said order, and it does not call for any interference by this Court. 7. We have considered the submissions and perused the impugned judgment and order carefully. The learned Single Judge in the impugned judgment has not recorded the finding that the order dated 31.07.2024 is either mala fide or it is against the service rules. It is well settled that the transfer and posting of an employee are the incidents of service, and the Courts normally should not interfere with the transfer and posting of an employee, unless the transfer order is mala fide or against the service - 8 - HC-KAR NC: 2025:KHC:43779-DB WA No. 67 of 2025 C/W WA No. 81 of 2025 conditions. Neither such plea has been raised in the writ petitions nor any such finding has been recorded by the learned Single Judge. 8. We are therefore of the considered view, that interference by the learned Single Judge in the impugned order dated 31.07.2024 cancelling the earlier transfer order of the petitioner dated 12.07.2024 is not justified and therefore, we set aside the impugned judgment and order dated 28.11.2024 and hold that respondent No. 3 is competent to cancel the earlier order 12.07.2024 of transfer of the petitioner vide order dated 31.07.2024. 9. We allow the writ appeals and set aside the impugned judgment and order passed by the learned Single Judge. However, considering the fact that the petitioner is due for retirement on 31.01.2026, he may move an application for his posting to a suitable place near to his residence, and if such a representation is made, the - 9 - HC-KAR NC: 2025:KHC:43779-DB WA No. 67 of 2025 C/W WA No. 81 of 2025 competent authority shall consider the same in accordance with the relevant provisions in this regard. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE NG List No.: 1 Sl No.: 9