- 1 - NC: 2025:KHC-D:4136-DB WP No. 101138 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO.101138 OF 2025 (S-KAT) BETWEEN: SRI. PARASURAM Y. SHETTAPPANAVAR, AGED ABOUT 55 YEARS, OCC. WORKING AS DEPUTY DIRECTOR OFFICE OF THE DEPUTY DIRECTOR OF WOMAN AND CHILD DEVELOPMENT DEPARTMENT, KOPPAL DISTRICT, KOPPAL-583231. …PETITIONER (BY SRI H.M. DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WOMAN AND CHILD DEVELOPMENT AND EMPOWERMENT OF DIFFERENTLY ABALED AND SENIOR CITIZEN, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560001. 2. THE DIRECTOR, WOMAN AND CHILD DEVELOPMENT DEPARTMENT, PWD BUILDING, ANAND RAO CIRCLE, BENGALURU-560001. 3. SRI. TIPPANNA SIRASAGI S/O. LATE PEERAPPA, AGE: 51 YEARS, OCC. WORKING AS DEPUTY DIRECTOR (UNDER SUSPENSION) OFFICE OF THE DEPUTY DIRECTOR OF WOMAN AND CHILD DEVELOPMENT DEPARTMENT, KOPPAL DISTRICT, KOPPAL-583231, R/O. TAYI NEERALU, 2ND FLOOR, SIDDAPPA KAVALOORU GAVI SHREE 3RD CROSS, KOPPAL-583231. …RESPONDENTS (BY SRI SIDDARUDHA B.PUJARI, ADVOCATE C/R3; SRI G.K. HIREGOUDAR, GOVERNMENT ADV. FOR R1 AND R2) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4136-DB WP No. 101138 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 20-1-2025 PASSED IN APPLICATION NO.12370/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI VIDE ANNEXURE-B AND DISMISS THE APPLICATION FILED BY THE 3RD RESPONDENT VIDE ANNEXURE-A AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The present writ petition is filed under Articles 226 of the Constitution of India by the petitioner, who was arraigned as respondent No.3 before the Karnataka State Administrative Tribunal, Belagavi (for short, ‘the Tribunal’), questioning the order dated 20.01.2025, passed in Application No.12370/2024, by the Tribunal quashing the transfer and posting of the petitioner as Deputy Director of Women and Child Development Department, Koppal. 2. Brief facts of the case are that respondent No.3 herein was working as Deputy Director of Women and Child Development Department, Koppal, in pursuance to the notification dated 04.09.2023. While he was working as a - 3 - NC: 2025:KHC-D:4136-DB WP No. 101138 of 2025 Deputy Director of Women and Child Development Department, Koppal, he was kept under suspension vide order dated 03.10.2024, on the allegation of certain misconduct. The said order of suspension was the subject matter of Application No.12361/2024 before the Tribunal. In the meanwhile, vide notification dated 16.10.2024 (Annexure-A3), the petitioner, who was waiting for posting, was posted as a Deputy Director of Women and Child Development Department, Koppal, in the place of respondent No.3 herein. The Tribunal, vide interim order dated 21.10.2024, has stayed the order of suspension of respondent No.3 and subsequently by its order dated 17.12.2024, quashed the order of suspension of respondent No.3 dated 03.10.2024. Thereafter, the respondent No.1- Government by its order dated 03.02.2025, revoked the order of suspension and also posted the petitioner as Deputy Director of Women and Child Development Department, Kodagu, under notification dated 04.02.2025 (Annexure-R10). The notification dated 04.02.2025 for posting of respondent No.3 to Kodagu, is the subject matter of Application No.12370/2024 before the Tribunal and the interim order dated 18.02.2025, for posting respondent No.3 as Deputy Director of Women and Child - 4 - NC: 2025:KHC-D:4136-DB WP No. 101138 of 2025 Development Department, Kodagu, under the notification dated 04.02.2025 is stayed. The respondent No.3 herein challenged the posting of petitioner as Deputy Director of Women and Child Development Department, Koppal, in Application No.12370/2024 before the Tribunal. The Tribunal after hearing the submissions of both the parties, vide order dated 20.01.2025, quashed the order of transfer and posting of petitioner to the place of respondent No.3 i.e., for the post of Deputy Director of Women and Child Development Department, Koppal. Being aggrieved by the said order dated 20.01.2025 passed in Application No.12370/2024 by the Tribunal, the petitioner has preferred the present petition. 3. Heard learned counsel Sri.H.M.Dharigond for petitioner, learned Government Advocate Sri. G.K. Hiregoudar for respondent Nos.1 and 2 and learned counsel Sri.Siddarudha. B. Pujari for respondent No.3. Perused the writ petition papers. 4. The learned counsel for the petitioner would submit that the petitioner was posted as Deputy Director of Women and Child Development Department, Koppal, against a vacant - 5 - NC: 2025:KHC-D:4136-DB WP No. 101138 of 2025 post, since respondent No.3 was under suspension by order dated 04.09.2023. Further, learned counsel submits that petitioner had approached the Tribunal by challenging the order of transfer and posting of petitioner dated 16.10.2024, without disclosing that he is under suspension. It is submitted that a person who is suspended cannot seek for posting to the same post, even though the suspension is revoked. 5. The learned Government Advocate Sri.G.K.Hiregoudar for respondent Nos.1 and 2 would submit that respondent No.3 has no right to seek for the same post, since the suspension is revoked pending enquiry against respondent No.3. 6. The learned counsel Sri.Siddarudha.B.Pujari for respondent No.3 would submit that respondent No.3 was posted as Deputy Director of Women and Child Development Department, Koppal on 04.09.2023 and he has not completed his minimum tenure of two years as on the date of transfer. Therefore, the Tribunal has posted the petitioner in his place, by its notification dated 16.10.2024. Thus, learned counsel submitted that the Tribunal has rightly quashed transfer and - 6 - NC: 2025:KHC-D:4136-DB WP No. 101138 of 2025 posting of petitioner as Deputy Director of Women and Child Development Department, Koppal. When once the order of suspension is quashed, petitioner is deemed to have been continued in his earlier post. Thus, prays for dismissal of writ petition. 7. Having heard the submissions of learned counsels for both the parties and on perusal of entire writ petition papers, the only point that falls for consideration in this petition is: “Whether order of the Tribunal under challenge requires interference?” 8. The answer to the above point would be in the ‘negative’ for following reason. 9. The facts are not in dispute. The Tribunal quashed transfer and posting of petitioner to the place of respondent No.3 under notification dated 16.10.2024. The petitioner was posted in the place of respondent No.3, only because, the respondent No.3 was kept under suspension under order dated 03.10.2024. The said order was the subject matter of Application No.12361/2024. The Tribunal quashed the order of - 7 - NC: 2025:KHC-D:4136-DB WP No. 101138 of 2025 suspension on 17.12.2024 and directed the respondents to reinstate the respondent No.3 into service forthwith and release the consequential benefits, to which he is legally entitled to. When the Tribunal order has become final, direction to the Government to reinstate the applicant into service would mean that respondent No.3 is to be put back to his original position. 10. The Tribunal, while quashing the order of posting, has rightly observed that respondent No.3 has not completed minimum tenure of two years, since respondent No.3 is working at Koppal, under notification dated 04.09.2023. The Tribunal is also right in observing that on suspension of petitioner lien was not transferred to any other place and suspended employees lien continued at Koppal. Therefore, no fault could be found with the order of the Tribunal so as to interfere with it and no ground is made out to interfere with the impugned order passed by the Tribunal. Accordingly, the writ petition is disposed off. 11. Liberty is reserved to respondent Nos.1 and 2, if exigencies of administration requires to transfer the petitioner or respondent No.3 to any other place by following guidelines - 8 - NC: 2025:KHC-D:4136-DB WP No. 101138 of 2025 laid down for transfer under the Government order dated 25.06.2024. 12. The Government is directed to give appropriate posting to petitioner within a period of ten days. 13. In view of disposal of writ petition, pending I.A’s, if any, does not survive for consideration and are accordingly disposed off. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 41