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2025 DAILYLAW 73721 (KAR)

SRI.A.N.VIJAYAKUMAR v. STATE OF KARNATAKA

WP/7786/2025 · 2025-11-26

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49128 WP No. 7786 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 7786 OF 2025 (S-RES) BETWEEN: SRI.A.N.VIJAYAKUMAR S/O A NARASIMAHAIAH AGED ABOUT 48 YEARS R/AT C/O PRATHIBA SHANBOG PS NO 3, 1ST CROSS, 3RD MAIN KRISHNANAGAR KEMPANNA LAYOUT UTTARAHALLI MAIN ROAD SUBRAMANYAPURA POST BANGALORE 560061 …PETITIONER (BY SRI. SADANAND G SHASTRI, ADV.) AND: 1. STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY ENGERY DEPARTMENT VIKASA SOUDHA BENGALURU 560001 2. THE CHIEF ELECTRICAL INSPECTOR TO Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49128 WP No. 7786 of 2025 GOVERNMENT OFFICE OF THE CHIEF ELECTRICAL INSPECTOR 2ND FLOOR, NIRMANA BHAVAN RAJAJINAGAR BENGALURU 560010 3. THE DEPUTY CHIEF ELECTRICAL INSPECTOR DEPARTMENT OF ELECTRICAL INSPECTORATE No.37/1, 2ND FLOOR ABOVE SBI, KAPPAGAL ROAD GANDHINAGAR BALLARI 583101 …RESPONDENTS (BY SMT. B.P.RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER HIS REPRESENTATION AT ANNEXURE-A DATED 11-03-2025 CONSEQUENTLY, DIRECT THE RESPONDENTS TO EXPEDITIOUSLY RELIEVE THE PETITIONER FROM ITS OFFICE AT BALLARI AND SET-RIGHT THE SERVICE RECORDS OF THE PETITIONERS WORK AT KALABURAGI, DIRECT THE RESPONDENTS TO WITHDRAW ALL STIGMATIC TRANSFER ORDERS PASSED AGAINST THE PETITIONER INCLUDING TRANSFER ORDER AT ANNEXURE-P DATED 19-07- 2024, DIRECT THE RESPONDENTS TO PAY ARREARS OF SALARY FROM JULY 2024 UNTIL MARCH 2025 OR TILL DATE OF SUCH DIRECTION BY THIS HONBLE Court AND DIRECT THE RESPONDENTS TO RESTORE THE PETITIONER TO HIS ORIGINAL POST WITH ALL CONSEQUENTIAL AND EMOLUMENTARY SERVICE BENEFITS INCLUDING THAT OF ELIGIBLE PROMOTIONS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49128 WP No. 7786 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed this writ petition seeking for the following prayer: 1. Direct the respondents to consider the representation bearing No.DCEI//EI/AEI(O)?BLY/2024-25/480-90 at Annexure 'A' dated 11.03.2025; consequently 2. Direct the respondents to expeditiously relieve the petitioner from its office at Ballari and set- right the service records of the petitioner's work at Kalaburagi; 3. Direct the respondents to withdraw all stigmatic transfer orders passed against the petitioner including Transfer order at Annexure 'P' bearing No.EN 12 EBS 2023 dated 19.07.2024; 4. Direct the Respondents to pay Arrears of Salary from July 2024 until March 2025 or till date of such direction by this Hon'ble Court; 5. Direct the respondents to restore the petitioner to his original post with all consequential and emolumentary service benefits including that of eligible promotions; 6. Direct the respondents to expunge all allegations or adverse remarks made against the petitioner - 4 - HC-KAR NC: 2025:KHC:49128 WP No. 7786 of 2025 in connection with the criminal cases alleged against him in his service records; 7. Pass any such other order/directions as this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity. 2. Admittedly, the petitioner is the Government servant. The petitioner has got an equal efficacious remedy. The petitioner without exhausting the efficacious remedy, filed this writ petition. 3. The writ petition filed by the petitioner is not maintainable. In view of the exposition of law laid down by the Hon'ble Apex Court in the case RIKHAB CHAND JAIN VS. UNION OF INDIA in CIVIL APPEAL NO.6719/2012 disposed off on 12.11.2025, the writ petition is liable to be dismissed as not maintainable. 4. Accordingly, the writ petition is dismissed as not maintainable. - 5 - HC-KAR NC: 2025:KHC:49128 WP No. 7786 of 2025 5. Liberty is reserved to the petitioner to approach the appropriate authority and seek his redressal. 6. The office is directed to return the certified copy of the impugned order after retaining the photocopy. 7. The pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB