- 1 - HC-KAR NC: 2025:KHC:26144-DB WP No. 34994 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH 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.34994 OF 2024 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA SUPERINTENDENT OF POLICE (WIRELESS) NO.1 CORNER HOUSE, M G ROAD, BENGALURU 560 001. 2. THE CHIEF FIRE OFFICER, BENGAURU EAST DIVISION, BANNERGHATTA ROAD, LAKKASANDRA, DAIRY COLONY, HOMBEGOWDANAGARA, BENGALURU 560 029. 3. THE DIRECTOR GENERAL OF POLICE AND DIRECTOR GENERAL, KARNATAKA STATE FIRE AND EMERGENCY SERVICES, NO.1, ANNASWAMY MUDALIAR RAOD, HERMIT COLONY, SIVANCHETTI GARDENS, BENGALURU 560 042. 4. THE POLICE INSPECTOR (WIRELESS) WIRELESS WORKSHOP KARNATAKA STATE FIRE SERVICES AND EMERGENCY, COMMISSIONERATE ROAD, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26144-DB WP No. 34994 of 2024 MAYO HALL, BENGALURU 560 025. …PETITIONERS (BY SRI. RAVINDRANATH, AGA) AND: SRI NAVEEN KUMAR K N S/O NARAYANA SWAMY AGED ABOUT 36 UYEARS WORKING AS ASI (WIRELESS) WIRELESS WORKSHOP, KARNATAKA STATE FIRE SERVICES AND EMERGENCY COMMISSIONERATE ROAD, MAYO HALL, BENGALURU 560 025. …RESPONDENT (BY SRI. VIRUPAKSHAIAH P.H, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION QUASHING THE ORDER DATED 01/07/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.1677/2024 VIDE ANNEXURE-A THEREBY SETTING ASIDE THE TRIBUNALS ORDER THAT ANNULLED THE TRANSFER OF THE APPLICANT AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:26144-DB WP No. 34994 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioners - State authorities in the Police Department are before this Court under Article 226 of Constitution of India aggrieved by order dated 01.07.2024 in Application No.1677/2024 (Annexure – A5) by which, respondent’s transfer under order dated 18.01.2024 is quashed. 2. Heard Sri.B.R.Ravindranath, learned AGA for the petitioners and Sri.Virupakshaiah P.H., learned counsel for the respondent and perused the entire writ petition papers. 3. The brief facts of the case are that under impugned order of transfer dated 18.01.2024, the respondent was transferred from Bengaluru to Mangaluru. The said order of transfer was challenged in Application No.1677/2024. The Tribunal allowed the said application in so far as the respondent is concerned on the ground that the transfer of the petitioner is not in accordance with - 4 - HC-KAR NC: 2025:KHC:26144-DB WP No. 34994 of 2024 the transfer guidelines: without approval of the Chief Minister and also on the ground of complaint, the petitioners could not have effected transfer of the respondent. Against the said order, the petitioners i.e., State Authorities are before this Court in this writ petition. 4. Sri.B.R.Ravindranath, learned AGA would submit that the respondent was transferred on the allegation and recommendation of the Director, Karnataka Fire Force and Emergency Services. It is alleged that the respondent has failed to attend the parade between 16.09.2023 to 20.09.2023 and misconducted himself. It is submitted that in Police Department, discipline is the Rule and as the respondent has failed to maintain discipline and remained unauthorized absence from 16.09.2023 to 20.09.2023, the DGP, Karnataka Fire Force and Emergency Services, Bengaluru recommended for transfer of the respondent and other similarly situated Police Sub-Inspectors. - 5 - HC-KAR NC: 2025:KHC:26144-DB WP No. 34994 of 2024 5. Taking note of the same, the Superintendent of Police (Wireless), Bengaluru under order dated 18.01.2024 transferred the respondent from Bengaluru to Mangaluru. 6. Learned AGA would submit that notwithstanding the transfer guidelines laid down under Government Order dated 07.06.2013, pre-mature transfer of Government servant is permissible under certain circumstances. It is submitted that the Tribunal failed to take note of the same and allowed the application. 7. Per contra, Sri.Virupakshaiah P.H., learned counsel for the respondent would support the order passed by the Tribunal and submits that there is no approval of the Chief Minister for premature transfer of respondent and further, he submits that on the complaint, no transfer could be effected. Learned counsel in that regard invites attention of this Court to paragraph No.5 of the order of the Tribunal and submits that rightly the Tribunal placing reliance on the decision of this Court allowed the - 6 - HC-KAR NC: 2025:KHC:26144-DB WP No. 34994 of 2024 application which according to him would not require interference. 8. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, the only point that would arise for consideration is:- In the facts and circumstances of the present case, whether impugned order of the Tribunal requires interference? 9. The answer to the above point would be in the 'Negative' for the following reasons:- Admittedly, the respondent is working as Assistant Sub-Inspector of Police (Wireless) in the Karnataka Fire Force and Emergency Services, Bengaluru. Under order dated 18.01.2024 (Annexure - A5), the respondent is transferred from Fire Force and Emergency Services, Bengaluru to City Control Room, Mangaluru. The Tribunal on examination of the material placed before, has categorically come to the conclusion that the transfer of - 7 - HC-KAR NC: 2025:KHC:26144-DB WP No. 34994 of 2024 the applicant is premature and for premature transfer, procedure prescribed is not followed and the approval of the Chief Minister is also not obtained. To rebut the said finding, the petitioners have not placed any material on record. To a Court query put to learned AGA in that regard, he submits on instructions that the approval of the Chief Minister is not obtained before issuing the impugned order of transfer dated 18.01.2024. 10. It is the contention of the learned AGA that transfer of the respondent is solely on the ground of indiscipline and on the recommendation of the DG of Karnataka Fire Force and Emergency Services. 11. Further, learned AGA would submit that the respondent has remained absent for parade and remained unauthorized absent from 16.09.2023 to 20.09.2023 which is the basis for transfer. Government order dated 07.06.2013 permits premature transfer on the ground of complaint. But for premature transfer, approval of the - 8 - HC-KAR NC: 2025:KHC:26144-DB WP No. 34994 of 2024 Chief Minister would be mandatory. As held by this Court, when the approval of the Chief Minister is not obtained, the Tribunal has rightly quashed the order of transfer. Thus, we do not find any merit in the writ petition. Accordingly, writ petition stands rejected. 12. However, liberty is reserved to the petitioners – State Authorities to effect transfer of the respondent if the exigencies of administration warrants, in strict adherence to the relevant Government Order prevailing as on this date with regard to transfer. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 29