- 1 - NC: 2025:KHC-D:3244-DB WP No. 101212 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH 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. 101212 OF 2025 (S-KAT) BETWEEN: RAMESH BENACHAMARADI S/O. NINGAPPA, AGE: 49 YEARS, PRESENTLY WORKING AS AN ASSISTANT TEACHER, GOVT. URDU HIGHER PRIMARY SCHOOL, SOMAWAR PETH, KITTUR-591115 R/O. GURUVAINAVAR STREET, AT POST AMBADAGATTI-591112 TQ: KITTUR, DIST: BELAGAVI …PETITIONER (BY SRI. S. S. CHALAWADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT VIKAS SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER, EDUCATION DEPARTMENT, RODDA ROAD, DHARWAD-580001 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCATIONS, EDUCATION DEPARTMENT, BELAGAVI-590001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3244-DB WP No. 101212 of 2025 4. THE BLOCK EDUCATION OFFICER, EDUCATION DEPARTMENT, CHANNAMMAN KITTUR-591115 TQ: KITTUR, DIST: BELAGAVI 5. THE HEAD MASTER GOVT. URDU HIGHER PRIMARY SCHOOL SOMAWAR PETH, KITTUR-591115 TQ: KITTUR, DIST: BELAGAVI …RESPONDENTS (BY SRI. M.M. KHANNUR, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT, ORDER, OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED. 14.02.2025 IN A. NO. 10250/2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN SO FAR AS REJECTING THE INTERIM ORDER OF STAY TO THE ANNEXURE-B IS CONCERNED AND CONSEQUENTLY GRANT THE INTERIM ORDER AS PRAYED FOR AND ETC. THIS PETITION, COMING ON FOR PRILIMINARY HEARING, THIS DAY, 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 - 3 - NC: 2025:KHC-D:3244-DB WP No. 101212 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner, who is working as an Assistant Teacher with the Government Urdu Higher Primary School, Somwar Peth, Kittur, Belagavi, has filed an application under Section 19 of the Administrative Tribunal Act, 1985, calling in question the Transfer Order dated 06.02.2025. The Tribunal by the impugned order dated 14.02.2025 has rejected the petitioner’s request for the interim order opining that the petitioner is already relieved and therefore interim order cannot be granted but observing that the petitioner being relieved shall be subject to the result of the application. 2. Sri. Sharan Basavaraj, the learned counsel for the petitioner, while inviting this Court’s attention to the show cause notice dated 06.02.2025 and the petitioner’s response thereto, submits that the petitioner is transferred essentially because of the - 4 - NC: 2025:KHC-D:3244-DB WP No. 101212 of 2025 complaint by his wife that he has neglected her and her children and that this is despite the fact that a transfer can never be used as a punishment when there are complaints. When queried, Sri. Sharan Basavaraj submits that nobody is placed in the petitioner’s post even as of date. 3. This Court must opine that at this stage a prima facie case will have to be assessed, and it is seen that the show cause notice dated 06.02.2025 by the Block Education Officer is essentially because the petitioner wife has approached the Jurisdictional Police with a complaint of neglect. This Court must opine that even if there could be some substance in this allegation, the appropriate enquiry will have to be held against him and he cannot be transferred as a punishment. Further, if a third person is not placed in the petitioner’s post, the fact that he is relieved would not be a contra condition. - 5 - NC: 2025:KHC-D:3244-DB WP No. 101212 of 2025 4. In these circumstances, the Tribunal should have considered these circumstances but has not. In the light of the afore, the petition is allowed quashing the Tribunal’s order and granting interim order staying the Transfer Order dated 06.02.2025 and all further consequences thereto subject to the final outcome in the pending application of the Tribunal. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM/CT:VG LIST NO.: 1 SL NO.: 10