SRI H SHIVAKUMARA(SHIVAKUMARA HITNAL ) v. THE STATE OF KARNATAKA
WP/107840/2025 · 2025-10-25
Geetha K B, S G Pandit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62644 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62644 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14248-DB WP No. 107840 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
WRIT PETITION NO. 107840 OF 2025 (S-KAT) BETWEEN:
SRI. H. SHIVAKUMARA(SHIVAKUMARA HITNAL) S/O. UMESHAPPA H.
AGE. 36 YEARS, OCC. RANGE FOREST OFFICER KANAKUMBI, BELAGAVI DIVISION, KANAKUMBI-591345, TQ. KHANAPURA, DIST. BELAGAVI, R/O.NO.151 UPPARAGATTI, POST-583212 TQ. HAGARIBOMMANHALLI, DIST. VIJAYANAGARA.
…PETITIONER (BY SRI. BHUSHAN B. KULKARNI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S.BUILDING, BENGALURU-560001.
2.
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE (HOFF) ARANYA BHAVANA, 18TH CROSS,
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.29 11:02:02 +0530
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HC-KAR NC: 2025:KHC-D:14248-DB WP No. 107840 of 2025
MALLESHWARAM, BENGALURU-560003.
3.
SRI. DEVENDRA K. MANE MAJOR, WORKING AS RANGE FOREST OFFICER, WORKING PLAN AND FOREST SURVEY, BELAGAVI-590001.
…RESPONDENTS
(BY SRI. BASAVARAJ GARADIMANI AND SRI. VISHWANATH BADIGER, ADVOCATES FOR R3;
SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE SUCH OTHER APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 17.10.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.
10694/2025 VIDE ANNEXURE-A, BY ALLOWING THE PRESENT WRIT PETITION AND GRANT ANY OTHER RELIEF AS DEEMS FIT BY THIS HON BLE TRIBUNAL IN THE CIRCUMSTANCES OF CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
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HC-KAR NC: 2025:KHC-D:14248-DB WP No. 107840 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
The petitioner, a Range Forest Officer, is before this court aggrieved by the order dated 17.10.2025 in Application No.10694/2025 (Annexure-A) passed by the Karnataka State Administrative Tribunal, Belagavi (for short ‘Tribunal’), whereunder the petitioner's challenge to the
order of transfer dated 07.07.2025 is rejected.
2. Heard
learned counsel for the petitioner Sri.Bhushan B.Kulkarni and learned Prl. Govt.Advocate Sri.G.K.Hiregoudar, for respondent Nos.1 and 2 and learned counsel Sri.Basavaraj Garadimani for respondent No.3. Perused the entire writ petition papers.
3. It is submitted that the petitioner was posted as a Range Forest Officer, Kanakumbi, Khanapura taluk on
17.11.2023. Further, the learned counsel would submit that the petitioner is a Group-B officer and as per the Government Transfer Guidelines dated 12.05.2025, minimum tenure is two years at a place of posting. It is the
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HC-KAR NC: 2025:KHC-D:14248-DB WP No. 107840 of 2025
grievance of the petitioner that before completion of the tenure of 2 years, the petitioner is transferred from Kanakumbi to Beguru Wild Life Range, Bandipur.
4.
Learned counsel for the petitioner would contend that the transfer of the petitioner is premature and opposed to the government order dated 12.05.2025, i.e. existing transfer guidelines. Further, learned counsel would submit that respondent No.3 is posted in his place who has not completed his minimum tenure at working plan Force, Belagavi.
5.
Learned counsel places reliance on the decision of this Court dated 19.01.2010 in W.P. No.28507/2019 to contend that the petitioner has right to continue in the post held by him as on today till he completes his tenure. Thus,
learned counsel prays for allowing the petition.
6. Learned AGA would submit that certain incident of death of tigers had taken place at Bandipur Tiger Reserve Forest and as the services of the petitioner were
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HC-KAR NC: 2025:KHC-D:14248-DB WP No. 107840 of 2025
necessitated at the said range, the petitioner is posted to Bandipur tiger reserve forest. Thus, he submits that the transfer of petitioner is in the administrative exigency. Therefore, the tribunal has rightly dismissed the application of petitioner questioning the transfer. Thus, he prays for dismissal of the petition.
7. Having heard the learned counsels for the parties and on perusal of the entire writ petition papers, we are not inclined to interfere with the impugned order passed by the tribunal. The tribunal taking note of the contentions and factual position, at paragraph No.9 has recorded its reasons for dismissal of the application, which reads as follows.
“9. In the instant case, though the applicant has not completed two years of service in the present post which he held, a matter of great concern had occurred in the wild life sanctuary at Bandipur Tiger Reserve Forest, Malai Mahadeshwara Betta, by the unusual death of some tigers. Thus, the Forest Minister addressed a letter dated 26.06.2025 to the concerned Secretaries and the 2nd respondent to take action against the culprits who were involved in the death of
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HC-KAR NC: 2025:KHC-D:14248-DB WP No. 107840 of 2025
the Tigers by filing criminal case. In view of the said circumstances, in public interest and for administrative reasons, the 2nd respondent passed the impugned
order not only in respect of the applicant but in respect of many officers. Further, the impugned order has been passed with the prior approval of the Hon’ble Chief Minister. It is well settled principle of law that transfer is an incidence of service and no employee has vested right to remain in a particular place for ever. Further, mere dissatisfaction or inconvenience of the employee is not a ground to assail the transfer
order which is otherwise valid, unless the transfer
order is actuated by mala fide and favouritsm. The Government being the employer has every right to effect transfers in public interest and for administrative convenience taking into consideration the discharge of functions of the concerned department. Further, there is no case of irreparable injury or hardship caused to the applicant by the impugned order of transfer. Hence, we proceed to pass the following:”
8. It is true that the petitioner has not completed minimum tenure of 2 years at the present place of posting. However, the petitioner has no right to remain in a particular place of posting. Though minimum tenure is provided to the Government employees, it is open for the
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HC-KAR NC: 2025:KHC-D:14248-DB WP No. 107840 of 2025
Government to effect premature transfers by recording reason and in the exigencies or for the administrative reasons. In the instant case, the Tribunal has recorded that on an incident of unusual death of tigers, at the request of Forest Minister by letter dated 26.06.2025, to take action against the culprits involved in the death of the tigers by filing criminal cases, in the interest of public and administrative reasons, the petitioner has been posted to the Bandipur tiger reserve forest i.e., to Beguru Wild Life Range.
9. When the circumstances required the services of the petitioner at a particular place, the transfer of petitioner cannot be found fault with. The decision relied upon by the
learned counsel for the petitioner would not assist the petitioner in the present facts of the case. For the circumstances explained above, we do not find any merit in the writ petition.
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HC-KAR NC: 2025:KHC-D:14248-DB WP No. 107840 of 2025
10. Hence, writ petition is dismissed.
Pending applications if any, are disposed of.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
HMB CT-CMU LIST NO.: 1 SL NO.: 23