- 1 - NC: 2025:KHC-D:188-DB WP No. 107643 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO.107643 OF 2024 (S-KAT) BETWEEN: SMT. RANJANA POL W/O TIPPANNA POL AGE. 51 YEARS, OCC. DEPUTY REGISTRAR, RESIDING AT PLOT NO.21, ASHWAMEDHA PARK, AMRAGOL, NAVANAGAR, HUBBALLI-580025. PRESENTLY WORKING AT DEPUTY REGISTRAR, DRCS, PRESIDING OFFICER, KARNATAKA STATE SOUHARD FEDERATION LIMITED, BELAGAVI. …PETITIONER (BY SRI. SURAJ S. MUTNAL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTD BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, ROOM NO.222, II FLOOR, VIDHANA SOUDHA, BENGALURU-560001. 2. THE REGISTRAR, KARNATAKA CO-OPERATIVE SOCIETIES, OFFICE OF REGISTRAR AT, #1, ALI ASGAR ROAD, VASANT NAGAR, BANGALORE 560052. 3. THE DEPUTY SECRETARY, (ADMINISTRATION), DEPARTMENT OF CO- OPERATION, GOVERNMENT OF KARNATAKA, ROOM NO.206-207, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.10 10:16:50 +0530 - 2 - NC: 2025:KHC-D:188-DB WP No. 107643 of 2024 4. THE JOINT REGISTRAR, (ADMINISTRATION AND DEVELOPMENT) DEPARTMENT OF COOPERATION, GOVERNMENT OF KARNATAKA, #1, ALI ASGAR ROAD, VASANT NAGAR, BANGALORE 560052. 5. SHRI RAVINDRA PARASAGOUDA PATIL S/O PARASAGOUDA AGE. 34 YEARS, OCC. DEPUTY REGISTRAR, RESIDING AT VIGANARAJENDRA NAGAR, AYODHYA, BELAGAVI-590001, PRESENTLY WORKING AS DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVT. ADV. FOR R1 TO R4; SRI. ARAVIND D. UPADHYE, ADV. FOR C/R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 05.12.2024 PASSED BY HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BELAGAVI IN APPLICATION NO.11063/2024 WHICH IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-C, CONSEQUENTLY & ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:188-DB WP No. 107643 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner is unsuccessful in her application in No.11063/2024 on the file of the Karnataka State Administrative Tribunal, Belagavi [for short, ‘the Tribunal’]. The petitioner has filed this application calling in question the first respondent’s notification dated 30.08.2024. It is seen from this notification that the petitioner, who is shown to be working as Deputy Registrar of Co-operative Societies [for short, ‘DRCS’], Belgavi is posted on transfer as the Deputy Registrar, Karnataka State Souharda Federation Co- operative Limited, Belagavi. The Tribunal in rejecting the petitioner’s application has essentially reasoned thus: “The other contention of the learned counsel for the applicant that the respondent No.5 is on leave upto 31.08.2024 and he takes charge of post which he has been transferred i.e., DRCS Belagavi on 31.08.2024 vide Annexure-A16 cannot come to the relief of the applicant as respondent No.5 has been posted to the vacant place on the superannuation of Sri M.N.Mani. It is for the respondents to verify and to take necessary action whether the applicant has taken charge while he was on leave on 31.08.2024 or otherwise. The applicant took charge of her post on 19.07.2024 and continued till - 4 - NC: 2025:KHC-D:188-DB WP No. 107643 of 2024 today. The additional charges which were there with the post have been modified and attached to the DRCS, Belagavi. The applicant cannot contend that she has been transferred from the post of Karnataka Souharda Federation Belagavi. It is only the additional charges which have been modified but not the transfer order of the application. The applicant as per order dated 06.07.2024 took charge of the post on 19.07.2024 and continued in the same place as per the order dated 30.08.2024. Therefore, it cannot be said that the applicant is prematurely transferred. The transfer orders issued on 30.07.2024 has not been implemented in so far as the applicant is concerned. Since the order is not implemented the applicant cannot claim that she has been transferred prematurely and without the approval of the Hon'ble Chief Minister. The judgments relied upon by the learned counsel are not relevant to this case. The underlining is by this Court 2. Sri Suraj S. Mutnal, the learned counsel for the petitioner, submits that the applicant was posted to Head Office on 16.10.2023 and she continued in the Head Office without further posting until the order dated 06.07.2024 when the petitioner was posted as DRCS, Karnataka State Souharda Federation Co-operative Limited, Belagavi; that she was issued with transfer order on 30.07.2024 in - 5 - NC: 2025:KHC-D:188-DB WP No. 107643 of 2024 anticipation of the post of DRCS, Belagavi falling vacant on 31.08.2024, but before 31.08.2024, the impugned order is issued. The learned counsel emphasizes that the terms of the notification dated 30.07.2024 show that the petitioner is transferred in anticipation of the post of DRCS, Belagavi falling vacant and the petitioner was not placed in additional charge. 3. Sri G.K. Hiregoudar, the learned Principal Government Advocate, and Sri Arvind D. Upadhye, the learned counsel for the fifth respondent, are heard in the light of this assertion and the reasons as assigned by the Tribunal. If Sri G.K. Hiregoudar, upon reading the Notification dated 30.07.2024, cannot persuade this Court to endorse the view that this notification is an order giving additional charge to the petitioner and not an order of transfer, Sri Arvind D. Upadhye submits that this Court must necessarily construe the notification as placing the petitioner in additional charge in view of the circumstances underscored by the Tribunal. However, this Court is not persuaded to opine that the Tribunal’s finding that the - 6 - NC: 2025:KHC-D:188-DB WP No. 107643 of 2024 petitioner was not transferred but was only given additional charge is a reasonable reading of the notification dated 30.07.2024, especially when there is no other material. 4. Sri Suraj S. Mutnal also proposes to contend that the impugned notification dated 30.08.2024 is after general transfers but without necessary prior approval from the Hon’ble Chief Minister and is only at the instance of a certain political interference. The Tribunal has not considered this aspect. Therefore, this Court is of the considered view that the Tribunal’s impugned order cannot be sustained and that the petitioner’s application must be restored for reconsideration. Hence, the following: ORDER [A] The writ petition is allowed in part quashing the Tribunal’s impugned order dated 05.12.2024 in application No.11063/2024 restoring the application for reconsideration. [B] The petitioner and the respondents [including the fifth respondent] without - 7 - NC: 2025:KHC-D:188-DB WP No. 107643 of 2024 further notice shall appear before the Tribunal on 27.01.2025. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 68