- 1 - HC-KAR NC: 2025:KHC:49070-DB WP No. 35417 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 35417 OF 2025 (S-KSAT) BETWEEN: SRI. LINGANNA GUNDALLI S/O GURUPADAPPA KUCHABAL, AGED ABOUT 56 YEARS, R/AT NO.134, 7TH MAIN, 9TH CROSS, MAHAGANAPATHINAGAR, WEST OF CHORD ROAD, RAJAJINAGAR, BENGALURU-560010. …PETITIONER (BY SRI. V. LAKSHMINARAYANA, SENIOR FOR SRI. DIVYATEJ H N, ADVOCATE) AND: 1. THE ADDITIONAL CHIEF SECRETARY DEPARTMENT (ADM. BUDGET), VIDHANA SOUDHA, BENGALURU-560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49070-DB WP No. 35417 of 2025 2. THE PRINCIPAL DIRECTOR, KARNATAKA STATE AUDIT ACCOUNTS DEPARTMENT, T.T.M.C BUILDING, 'A' BLOCK, BMTC, SHANTHINAGARA, BENGALURU-560027. 3. CHIEF COMMISSIONER, GREATER BENGALURU AUTHORITY, HUDSON CIRCLE, BENGALURU- 560001. 4. SRI. GURUBASAVEGOWDA, S/O SRI. EREGOWDA, AGED 50 YEARS, JOINT CONTROLLER OF ACCOUNTS, STATE ACCOUNTS DEPARTMENT, CURRENTLY WORKING AS CHIEF AUDITOR, LOCAL AUDIT CIRCLE, 4TH FLOOR, BMTC BUILDING, SHANTHINAGAR, BENGALURU-560027. 5. AVINASH GERALD, C/O LOKESH, AGED ABOUT 41 YEARS, CURRENTLY WORKING AS CHIEF AUDITOR, GREATER BENGALURU AUTHORITY, 3RD FLOOR, BBMP COMMERCIAL COMPLEX, SUBHASHNAGAR (MAJESTIC), BEHIND UPPARA POLICE STATION, BENGALURU-560001. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 & R2) - 3 - HC-KAR NC: 2025:KHC:49070-DB WP No. 35417 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO APPLICATION NO.4568/2025 PENDING ON THE FILE OF KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU; SET ASIDE THE IMPUGNED ORDERS PASSED IN APPLICATION NO.4568/2025 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, IN ORDERS DATED 05/11/2025 AND 13/11/2025 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The petitioner is the applicant in A.No.4568/2025 filed with the Karnataka State Administrative Tribunal, Bengaluru [for short 'the Tribunal'], and the petitioner is aggrieved by the - 4 - HC-KAR NC: 2025:KHC:49070-DB WP No. 35417 of 2025 Tribunal's order dated 05.11.2025. The Tribunal has called upon the Authorities to place on record why there is non-compliance with its direction to provide suitable posting to the petitioner within four weeks without granting any interim order. The Tribunal's direction is in its order dated 17.07.2025 in A.No.2189/2025. This order dated 17.07.2025 is called in question in W.P.No.24374/2025, and this Court has observed that the petitioner must be at liberty to file a representation for his continuance as a Joint Controller of Accounts, Department of Women and Child Development till he completes his tenure and if such representation is made, the Authorities would consider the same under the law. 2. Mr. V. Lakminarayana, the learned Senior counsel for the petitioner, and Mr. Vikas Rojipura, the learned Additional Government Advocate for the first and second respondents, and Mr. Pawan Kumar, a learned standing counsel for the third respondent - 5 - HC-KAR NC: 2025:KHC:49070-DB WP No. 35417 of 2025 [Mr. Vikas Rojipura and Mr. Pawan Kumar are called upon to accept notice for these respondents] are heard on the petitioner's grievance. This Court must record that the petitioner ultimately seeks posting with the Bruhat Bengaluru Mahanagara Palike [the BBMP] as the Chief Auditor and the petitioner, the fourth and the fifth respondents have been in the race for this post from the year 2023 with multiple litigations. 3. It would suffice for this Court to observe that the fourth respondent replaced the fifth respondent but that decision, at the fifth respondent's insistence, is not implemented until November 2023. The fourth respondent has taken charge immediately on the completion of the fifth respondent's tenure as of 30.11.2023, and this respondent completes his tenure in such post on 28.11.2025. As canvassed by Mr. V. Lakshminarayana, the petitioner's case is that the reasons for the Tribunal’s interference in - 6 - HC-KAR NC: 2025:KHC:49070-DB WP No. 35417 of 2025 A.No.2189/2025 with the decision to post the petitioner in the place of the fourth respondent during the earlier transfers as aforesaid is redressed with this respondent being permitted to complete his minimum tenure[as of 28.11.2025] and that the petitioner must now be permitted to complete his minimum tenure. 4. However, Mr. Vikas Rojipura submits that the petitioner, in filing his application in A.No.5151/2024 has got a declaration that he is entitled to continue as a Joint Controller, Department of Women and Child Development till he completes his tenure on deputation of five years and that the period of deputation will be available to the petitioner until 2029. The learned Additional Government Advocate also proposes to contend that the fifth respondent is brought back to the post after the fourth respondent has completed his minimum tenure with the approval of the Hon'ble Chief Minister - 7 - HC-KAR NC: 2025:KHC:49070-DB WP No. 35417 of 2025 and that approval is granted in the administrative interest. 5. The question of interference with the Tribunal's order is examined in the light of these circumstances. This Court observes that for complete adjudication, the Tribunal must, on the next date of hearing viz., 03.12.2025 or at the earliest thereafter, examine why the petitioner must not be entitled to the protection that was extended to the fifth respondent in the light of its own finding in its order dated 07.05.2025 in Application Nos. 5151/2024 and 4847/2024 that the petitioner is entitled to continue on deputation until he completes the minimum tenure of deputation with the Department of Women and Child Development or his transfer is necessitated under law. The Tribunal must also examine the circumstances in which the approval is granted for bringing back the fifth respondent to the post - 8 - HC-KAR NC: 2025:KHC:49070-DB WP No. 35417 of 2025 immediately on completion of the minimum period by the fourth respondent. With the observation as aforesaid, the petition stand disposed of. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE RB