- 1 - HC-KAR NC: 2025:KHC:26006-DB WP No. 16023 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 16023 OF 2025 (S-KSAT) BETWEEN: SHRI RAJU HOSAMANI S/O SHRI BHEEMAPPA AGED ABOUT 36 YEARS WORKING AS INSPECTOR OF EXCISE MUDHOL RANGE, MUDHOL TALUK BAGALKOT DISTRICT R/AT NO.90, SECTOR NO.36 NAVANAGAR, BAGALKOT-587101. …PETITIONER (BY SRI.VIJAYA KUMAR, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, VIDHANA SOUDHA BENGALURU-560 001. 2. THE COMMISSIONER DEPARTMENT OF EXCISE 2ND FLOOR, TTMC A BLOCK BMTC COMPLEX, SHANTHINAGAR BENGALURU-560027. 3. THE DEPUTY COMMISSIONER DEPARTMENT OF EXCISE, BAGALKOT, BAGALKOT DISTRICT-587101. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26006-DB WP No. 16023 of 2025 4. SHRI ANAND ADAGAL AGED ABOUT 40 YEARS EXCISE INSPECTOR O/O JOINT COMMISSIONER OF EXCISE DAVANGERE DIVISION DAVANGERE-577-001. …RESPONDENTS (BY SRI.V SHIVA REDDY, AGA FOR 1 TO 3 SRI MADANGOUDA N PATIL, ADV. FOR R4) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT THE FOLLOWING RELIEFS IN THE INTEREST OF JUSTICE AND EQUITY; (I) TO SET ASIDE THE ORDER DATED 21.05.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, IN APPLICATION NO. 2256/2025 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned counsel Sri.Vijaya Kumar for petitioner as well as learned counsel Sri.Madangouda N. Patil for respondent No.4 through video conference and learned Additional Government Advocate Sri.V.Shiva Reddy for respondent Nos.1 to 3. Perused the writ petition papers. - 3 - HC-KAR NC: 2025:KHC:26006-DB WP No. 16023 of 2025 2. The petitioner and respondent No.4 are in the cadre of Excise Inspector in the Excise Department of the State. Petitioner who was working as Excise Inspector at Mudhol since 30.01.2022 was transferred under O.M., dated 09.05.2025 (Annexure-A6) and in his place, respondent No.4 was posted to work at Mudhol. Challenging the said O.M., dated 09.05.2025 (Annexure-A6), the petitioner was before the Tribunal in Application No.2256/2025. As the Tribunal refused to stay the order of transfer and granted status-quo order, petitioner is before this Court in the present writ petition. 3. This Court taking note of the submission of the learned counsel for the petitioner as well as learned Additional Government Advocate, stayed the order of transfer dated 09.05.2025 (Annexure-A6) with an observation that if the petitioner is not relieved from his post as Inspector of Excise, Mudhol Range, Bagalkot District. - 4 - HC-KAR NC: 2025:KHC:26006-DB WP No. 16023 of 2025 4. Learned counsel Sri.Vijaya Kumar would submit that the State has introduced Rules called “the Karnataka Civil Services (Excise Department Officers and Officials Transfer) Rules, 2025 (for short, ‘2025 Rules’) under notification dated 14.05.2025 (Annexure-R4). Further, he submits that since the petitioner has completed three years of service at Mudhol, in terms of 2025 Rules, he would be entitled to participate in the transfer counseling. Therefore, he seeks permission to participate in the transfer counseling which would commence on 24.07.2025. Further, learned counsel would submit that the petitioner would withdraw the application pending before the Tribunal. 5. Submission of the learned counsel Sri.Vijaya Kumar Bhajantri is placed on record. 6. Admittedly, the petitioner has completed more than 3 years of service at Mudhol. The 2025 Rules prescribes minimum period of service of 3 years for - 5 - HC-KAR NC: 2025:KHC:26006-DB WP No. 16023 of 2025 transfer to Group-C officials. In that circumstance, request of the petitioner to participate in the transfer counseling which would commence on 24.07.2025 appears to be reasonable. The petitioner shall report to duty at the place of posting in terms of Annexure-A6 dated 09.05.2025 and the respondents shall permit the petitioner to participate in the counseling that would commence on 24.07.2025. 7. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 28