- 1 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH 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. 9198 OF 2021 (S-KSAT) BETWEEN: SRI. P.A MAKHADOOM AGED ABOUT 64 YEARS, S/O.LATE MIR AHMED SHAREEF, ASSISTANT ADMINISTRATIVE OFFICER, O/O COMMANDANT 4TH BATTALION KSRP, BENGALURU-560 034. PRESENTLY R/AT NO.25, 1ST MAIN, 11TH CROSS, SAINAGAR, 2ND PHASE, CHIKKABETTAHALLI, BENGALURU-560 097. …PETITIONER (BY SRI. PRABHU GOUD B. TUMBIGI, ADVOCATE) AND: 1. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU-560 001. 2. ADDITIONAL DIRECTOR GENERAL OF POLICE STATE INTELLIGENCE, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 NRUPATHUNGA ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. V.SHIVU REDDY, AGA) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO: i) QUASH THE IMPUGNED ORDER DATED 13.10.2020, PASSED IN APPLICATION NO.11366/2016 BY THE HON’BLE KARNATAKA ADMINISTRATIVE TRIBUNAL BENGALURU VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY. ii).DIRECT THE RESPONDENTS TO TREAT THE PERIOD FROM 27.06.2015 TO 04.11.2015, AS A DUTY PERIOD OF THE PETITIONER AND PAY THE SALARY TO THE PETITIONER WITH INTEREST AS DEEMS TO ORDER BY THIS HONBLE COURT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, 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 - 3 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 ORAL ORDER (PER: HON'BLE MR. JUSTICE T.M. NADAF) The unsuccessful applicant is before this Court under Articles 226 and 227 of Constitution of India calling in question order dated 13.10.2020 in Application.No.11366/2016, passed by the Karnataka State Administrative Tribunal at Bengaluru, (‘Tribunal’, for short), dismissing the application. 2. The parties are referred to as per their rankings before the Tribunal. 3. A brief outline of facts leading to the filing of the present petition are as under:- As per applicant: 4. The applicant while working with State Intelligence Office, Bengaluru, is issued with a Notification dated 23.06.2015 transferring to the office of Deputy Commissioner of Police, Traffic East Division, Bangalore City. Within a span of one day - 4 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 i.e., on 24.06.2015 the order of transfer was modified, transferring the applicant to the District Police Office, Chamarajanagar and placing one M.Lambodaraiah in place of the applicant. 5. Aggrieved by the modified order, on the premise of premature transfer, the applicant approached the Tribunal in application No.5963/2015. The Tribunal granted an interim order on 06.07.2015 for a period of three months, staying the order of transfer dated 24.06.2015 and directed the respondents to continue the applicant as Assistant Administrative Officer, in the office of the ADGP, State Intelligence, Bengaluru, with a specific direction that if the third respondent therein had already taken charge he shall hand over charge to the applicant forthwith. 6. The applicant immediately after the interim order approached the respondents and requested them to take him to duty at State - 5 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 Intelligence Office, his request was not considered and he had made a representation again on 19.08.2015. As his case was not considered by the respondents he filed a contempt for disobedience of interim order granted by the Tribunal, in CTA.No.178/2015. 7. In the interregnum, the respondent- authorities declined to permit the applicant to join the posting on 19.05.2015, on the premise that they would challenge the interim order dated 06.07.2015. A writ petition in WP.No.42508/2015(S-KAT) was filed seeking to quash the order dated 06.07.2015 passed by the Tribunal. The petition was disposed of on 08.10.2015 directing the Tribunal for speedy disposal of the application. 8. During pendency of the contempt case, the application No.5963/2015 comes to be allowed on 16.10.2015 quashing the transfer order dated 24.06.2015. In the order the Tribunal has observed - 6 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 that the applicant shall be continued in the same post with ADGP, State Intelligence Bengaluru. Further, ordered that if the State feels that the applicant is to be shifted from the State Intelligence, Bengaluru, in view of pending enquiry they are at liberty to post him to any vacant post at Bengaluru. 9. In consonance with the order passed by the Tribunal the respondent-authorities passed an order on 04.11.2015 modifying the transfer order of the applicant from Chamarjanagar to Commandant, 4th Battalion, KSRP, Bengaluru. 10. The applicant in terms of the order dated 03.11.2015 reported to the duty with KSRP, Bengaluru (supra) on 05.11.2015. 11. The applicant was kept out of service from 27.06.2015 to 04.11.2015, despite there being an interim order to continue in the said post which was within the knowledge of respondent-authorities. - 7 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 12. The applicant made representation with the respondent-authorities to treat the period from 27.06.2015 to 04.11.2015 as duty period and pay the salary and other allowances to which he is legally entitled to. 13. The respondent-authorities issued endorsement dated 23.02.2016 (Annexure-A9), 27.05.2016 (Annexure-A12) and 28.10.2016 (Annexure-A14), turning down the request of the applicant. The applicant called in question the endorsements in application No.11366/2016. 14. Before the Tribunal, the applicant has contended that the order of transfer was called in question before the Tribunal in application No.5963/2015. The Tribunal upon considering the materials placed on record, at the first instance granted an interim order directing to continue the applicant in the same post. However, the applicant - 8 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 was not taken on duty on the premise that the authorities would challenge the same before this Court. However, the order passed by the Tribunal was in force till the disposal of the application so also the writ petition filed calling in question the said interim order. 15. The applicant was unjustifiably kept out of service for the time from 27.06.2015 to 04.11.2015, which is attributable on the part of respondent-authorities, without there being any fault found with the applicant. Accordingly, sought to allow the application and quash the endorsements impugned, and issue direction to the respondents to treat the period from 27.06.2015 to 04.11.2015 as duty period and to pay him the salary and all other allowances to which he is legally entitled to, with interest at 12% p.a. 16. On notice the respondent-authorities have appeared and filed the statement of objections - 9 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 opposing the application. It was contended before the Tribunal that the applicant had not reported for duty with ADGP, State Intelligence, Bengaluru, nor any transferred place. As such, the period spent be treated as absence and cannot be considered as duty for payment of any salary and other allowances. 17. It was further contended that the applicant was not without posting, as such the question of applicant waiting for posting does not hold any water. The respondent-authorities immediately after receipt of the interim order filed application seeking for vacating interim order of stay. In the meanwhile, the applicant moved contempt before the Tribunal, a writ petition was filed calling in question the interim order granted, the same was disposed of directing the Tribunal not to extend the interim order granted on 06.07.2015, any further and to dispose of the matter expeditiously. The Tribunal thereafter disposed of the matter reserving liberty to - 10 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 the respondent-authorities to transfer the applicant to any vacant post at Bengaluru, in view of pending enquiry. As such, there is no flaw in the endorsement issued and the applicant is not entitled for any relief sought in the application, and sought to dismiss the application. 18. The Tribunal upon consideration of the pleadings urged and arguments made, however, held that the applicant who has failed to report for duty to the transferred place is not entitled for any relief claimed in the application, accordingly dismissed the application. It is this order passed by the Tribunal is called in question in this petition. 19. Heard Sri. Prabhu Gouda B. Thumbagi, learned counsel appearing for the petitioner and Sri. V.Shiva Reddy, learned Additional Government Advocate for the respondents. - 11 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 20. Sri. Prabhu Gouda B.Thumbagi, learned counsel reiterating the grounds taken in the application submitted that it is for the reluctance of the authority in not permitting him to join the duty, the applicant has not discharged the duty during the period (stated supra) there is no fault attributable to the applicant. The order of transfer was under challenge and the interim order was granted, with a specific direction to continue the applicant in the same post. However, he was not permitted to join, despite several representations. The interim order was almost in force till disposal of the application by the Tribunal in the earlier round of litigation. The Tribunal has not at all considered these material facts placed before it by way of annexure. In the circumstances, the order requires interference at the hands of this Court. - 12 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 21. This Court upon hearing Sri. Prabhu Gouda B.Thumbagi, learned counsel on 16.10.2015 passed the following order: ”Upon hearing Mr. Prabhugoud B. Tumbigi, the learned counsel for the petitioner, Mr. V. Shivareddy, the learned Additional Government Advocate, is called upon to accept notice for the respondents and secure instructions for final disposal of the petition in the light of the petitioner's case [a] that he was not permitted to report to duty in terms of the interim order granted by the Tribunal in his application on 06.07.2015, [b] that he had to file contempt application, and [c] that no notice or movement orders were issued even as of the date of the final orders of the Tribunal. The office is directed to respondent-list this petition on 30.10.2025.” 22. On query Sri. V.Shiva Reddy, learned Additional Government Advocate, reiterating the very same contentions taken before the Tribunal not placed any materials nor stated any worthwhile in satisfaction to the points ordered vide order dated 16.10.2025. At point No.C, this Court in specific terms directed the learned Additional Government - 13 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 Advocate to secure instructions regarding any notice/movement orders were issued even as of the date of final order of the Tribunal. Nothing is placed before us to substantiate the contentions of the respondent authorities. 23. We are ruled by the ‘Rule of Law’ and not on ‘Might is Right’. There was an order of transfer which was stayed with a specific direction to continue the applicant to the posting. Neither, the same was honored nor any steps taken to vacate the order, despite persistent requests made by the applicant to report to duty, he was not permitted to join. This clearly shows lacks of respect by the respondent- authorities to the orders passed by the Court of law. The inaction on the part of respondent-authorities are unsustainable besides highly condemnable. In these circumstances, the authorities are responsible in not permitting the applicant to work from 27.06.2015 to 04.11.2015. We don’t find any fault - 14 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 with the applicant in not attending with the work during the period (stated supra). In the circumstances, the same be treated as duty period as contented by the applicant. 24. Having considered that the period spent from 27.06.2015 to 04.11.2015 on duty the applicant is entitled for salary and other allowances besides interest on the said amount as per the Government circular prevailing on the date when it has become due till the same is paid. 25. The applicant due to the inaction the applicant was made to approach the Tribunal once in contempt and another in the writ petition. So also, the applicant was made to approach the Tribunal again wherein he has tasted failure and again approached this Court. Applicant a septuagenarian is made to run from pillar to post for the right he is legally entitled to, which makes us to hold that, it is the respondent-authorities failure to attend the - 15 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 request of the applicant at the earliest, driven the applicant in this unnecessary legal battle causing mental agony besides financial loss, which be compensated by ordering exemplary cost on the part of the officials responsible in not considering the case of the applicant at the earliest. A fault or ignorance is pardonable, but not the one with knowledge causing harm to other, but still embarking on the same is condemnable. For the foregoing reasons petition favours the applicant and we proceed to pass the following: ORDER i) Petition is allowed. ii) Order dated 13.10.2020 in application No.11366/2015 passed by Karnataka State Administrative Tribunal, at Bengaluru is quashed. iii) Consequently the application No.11366/2015 is allowed quashing the endorsements dated 23.02.2015 - 16 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 (Annexure-A9), dated 27.05.2016 (Annexure-A12) and dated 28.10.2016 (Annexure-A14) issued by 1st respondent. iv) The respondents are directed to treat the period from 27.06.2015 to 04.11.2015 as duty period and admit the applicant for salary and other allowances to which he is legally entitled to along with interest admissible as on the date it becomes due till realization. v) The respondents shall pay cost of Rs.50,000/- (Rupees Fifty Thousand only) to the applicant within four weeks for the unnecessary legal battle he was engaged with, within four weeks from the date of receipt of copy of this order. Failing which, registry is directed to issue a certificate considering the cost as arrears of land Tribunal and recover the same from the considered officials and release the same - 17 - HC-KAR NC: 2025:KHC:45158-DB WP No. 9198 of 2021 in favor of the applicant on proper identification. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 28