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2025 DAILYLAW 59245 (KAR)

SRI RAVI v. THE DIVISIONAL CONTROLLER AND APPOINTING AUTHORITY

WP/109118/2025 · 2025-12-05

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:17340 WP No. 109118 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109118 OF 2025 (S-KSRTC) BETWEEN: SRI. RAVI, AGED ABOUT 35 YEARS, S/O, BASAPPA PADESUR RESIDENT OF KALLAPUR POST, SHIROL, NARGUND TALUK, GADAG DISTRICT. …PETITIONER (BY SRI. GIRISH S. HIREMATH, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER AND APPOINTING AUTHORITY, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, HUBBALLI DIVISION, HUBBALLI, DHARWAD DISTRICT-583212. 2. THE DIVISIONAL MANAGER, NWKRTC, UTTARA KANNADA DIVISION, SIRSI-581401. …RESPONDENTS (BY SRI. PRASHANT HOSAMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WHEREFORE, IT IS MOST HUMBLY PRAYED THAT THIS HON’BLE COURT MAY PLEASE TO QUASH THE ORDER AS PER ORDER DATE 25.09.2025 IN ¸ÀAªÁPÀgÀ¸Á:GPÀ:¹§âA¢:£ÉêÀÄPÀ: ¸ÀAªÁPÀgÀ¸Á:GPÀ:¹§âA¢:£ÉêÀÄPÀ: ¸ÀAªÁPÀgÀ¸Á:GPÀ:¹§âA¢:£ÉêÀÄPÀ: ¸ÀAªÁPÀgÀ¸Á:GPÀ:¹§âA¢:£ÉêÀÄPÀ: PER AS PER ANNEXURE-H PASSED BY THE 2ND RESPONDENT AUTHORITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.11 12:09:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17340 WP No. 109118 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question an order dated 25.09.2025 from which reinstates the petitioner to the transferred place-Ankola. 2. Heard the learned counsel Sri. Girish S. Hiremath, appearing for the petitioner and the learned counsel Sri. Prashant Hosmani representing respondents. 3. The petitioner is appointed as a driver cum conductor in the year 2007 and owing to certain omissions and commissions, he is dismissed from service in 2014. This is called in question before the Industrial Tribunal. The Industrial Tribunal dismisses it. The dismissal was challenged before the Co- ordinate Bench of this Court and this Court sets aside the removal and orders reinstate, which reads as follows: “186. In my view, having regard to the totality of circumstances, the punishment of dismissal from service would be shockingly disproportionate. Consequently, the order of removal and its affirmation by the Labour Court are set aside and the petitioner is liable to be reinstated. The petitioner shall not be entitled to any backwages; however, he shall be entitled to continuity of service. - 3 - HC-KAR NC: 2025:KHC-D:17340 WP No. 109118 of 2025 187. The petitioner shall be treated as having been appointed on probation on the completion of one year, but it is made clear that he would not be entitled to any financial benefits pursuant to this order. 188. This writ petition is allowed in part.” 4. The petitioner then reports to duties in terms of the order passed by the Co-ordinate Bench. An endorsement is issued on 05.09.2025 asking the petitioner to submit documents and report to duties at Ankola, Sirsi Sub-Division. The petitioner being aggrieved by the said order is before the Court contending that he should be posted at Hubballi, as he was appointed in Hubballi, and therefore, he should be posted back to Hubballi on reinstatement. 5. The submission of the petitioner on the face of it is unacceptable. He is reinstated into service that would not mean, that he would choose the place of work, he is now asked to work at Ankola, Sirsi Sub-Division. There is no prejudice caused to the petitioner on account of the direction to work at Ankola, Sirsi Sub-Division. As observed herein above, the employee cannot choose that he would want to work at a particular place unless the transfer is in violation of the operative guidelines or any statute governing the issue. I find no violation of that order. - 4 - HC-KAR NC: 2025:KHC-D:17340 WP No. 109118 of 2025 6. Finding no merit in the petition, the petition stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE Rsh CT:ANB List No.: 1 Sl No.: 18