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2025 DAILYLAW 57024 (KAR)

RAJESH R v. CHAIRMAN ISRO

WP/1364/2025 · 2025-08-22

K V Aravind, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32822-DB WP No. 1364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 1364 OF 2025 (S-CAT) BETWEEN: 1. RAJESH R., S/O LATE RAJAGOPAL R., AGED ABOUT 43 WORKING AS SENIOR HEAVY VEHICLE DRIVER 'A' STAFF NO. ISO5454 UR RAO SATELLITE CENTER INDIAN SPACE RESEARCH ORGANISATION (ISRO) VIMANAPURA POST OLD AIRPORT ROAD BANGALORE - 560 017. …PETITIONER (BY SRI. SRUTI C. CHAGANTI, ADVOCATE) AND: 1. CHAIRMAN ISRO SECRETARY DOS DEPARTMENT OF SPACE AND ISRO HQ ANTARIKSH BHAVAN NEW BEL ROAD BANGALORE - 560 231. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32822-DB WP No. 1364 of 2025 2. THE DIRECTOR U.R. RAO SATELLITE CENTER OLD AIRPORT ROAD VIMANAPURA POST BANGALORE - 560 017. 3. THE DIRECTOR LABORATORY FOR ELECTRO OPTICS SYSTEMS 1st CROSS, 1ST PHASE PEENYA, BANGALORE - 560 058. 4. THE CONTROLLER U.R. RAO SATELLITE CENTER OLD AIRPORT ROAD VIMANAPURA POST BANGALORE - 560 017. 5. SENIOR HEAD (PERSONNEL AND ADMINISTRATION) U.R. RAO SATELLITE CENTER OLD AIRPORT ROAD VIMANAPURA POST BANGALORE - 560 017. 6. SENIOR ADMINISTRATIVE OFFICER (ESTABLISHMENT) U.R. RAO SATELLITE CENTER OLD AIRPORT ROAD VIMANAPURA POST BANGALORE - 560 017. 7. HEAD TRANSPORT U.R. RAO SATELLITE CENTER OLD AIRPORT ROAD VIMANAPURA POST BANGALORE - 560 017. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:32822-DB WP No. 1364 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER DATED 25.09.2024 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL IN ORIGINAL APPLICATION No. 170/00204/2024, PRODUCED HEREWITH AS ANNEXURE-A AND CONSEQUENTLY, ALLOW ORIGINAL APPLICATION No. 170/00204/2024 FILED BY THE PETITIONER BEFORE THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, being the Senior Heavy Vehicle Driver in the first respondent-Institution is before this Court aggrieved by order dated 25.09.2024 passed by the Central Administrative Tribunal at Bengaluru (for short 'the Tribunal') rejecting his application wherein, he had questioned order dated 18.03.2024 posting him to administrative office-LEOS from URSC, within Bengaluru. - 4 - HC-KAR NC: 2025:KHC:32822-DB WP No. 1364 of 2025 The petitioner had also sought for quashing (Annexure-A5) dated 23.02.2022 transferring the petitioner to LEOS until further orders. 2. Heard Smt. Sruti C. Chaganti, learned counsel for the petitioner and perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner is a highly qualified Heavy Vehicle Driver working for the respondent-ISRO. The petitioner was working at URSC at Jeevanbhima Nagar, Bengaluru, and under impugned orders, he has been transferred to LEOS, Peenya, Bengaluru. Learned counsel would submit that the transfer was punitive in nature and submits that since the petitioner had submitted complaint against respondent No.7, the petitioner is punitively transferred from Jeevanbhima Nagar to Peenya Unit. Learned counsel would further submit that the statement of objection filed by the respondent-authorities would also indicate that the transfer is punitive. Learned counsel would further submit - 5 - HC-KAR NC: 2025:KHC:32822-DB WP No. 1364 of 2025 that at LEOS, there is no heavy vehicle duty and the petitioner has no work, the petitioner has to sit idle throughout the day. As such, learned counsel for the petitioner would pray for allowing the petition. 4. Having heard the learned counsel for the petitioner and on perusal of the entire writ petition papers, we are of the view that the petitioner has not made out any ground to interfere with the impugned order passed by the Tribunal. 5. Admittedly, the petitioner is working as Senior Heavy Vehicle Driver in the respondent-ISRO. The petitioner holds a transferable post. It is for the employer to utilise the services of each worker as it may deem fit. The petitioner cannot say that there is no work where he has been posted, as long as he is not downgraded. 6. Learned counsel for the petitioner contended that, it is a punitive order, however, the petitioner has failed to establish that it is a punitive order. Mere making - 6 - HC-KAR NC: 2025:KHC:32822-DB WP No. 1364 of 2025 of a statement that he had made a complaint and as such, the petitioner was transferred, cannot be a ground to say that it is a punitive order. When, the petitioner holds a transferable post, he cannot complaint of such transfers. Moreover, the petitioner is not transferred out of Bengaluru, whereas, he is transferred from one office to another office within the city of Bengaluru. The petitioner would not suffer any hardship or inconvenience. 7. In that view of the matter, we are not inclined to interfere with the impugned order of the Tribunal and accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 30