- 1 - HC-KAR NC: 2025:KHC:43685-DB WP No. 32521 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 32521 OF 2025 (S-KSAT) BETWEEN: DR. VANI. N D/O. NAGARAJA. S, AGED ABOUT 48 YEARS, ASSISTANT DIRECTOR, NARCOTIC SECTION FORENSIC SCIENCE LABORATORY MADIWALA, BENGALURU-560 068. R/AT NO. 1, A BLOCK, FSL STAFF QUARTERS, MADIWALA, BENGALURU-560 068. …PETITIONER (BY SRI. R.S. RAVI., SENIOR ADVOCATE FOR SRI. MANJUNATH K V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43685-DB WP No. 32521 of 2025 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, NRUPATHUNGA ROAD, BENGALURU-560 001. 3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMINISTRATION) KARNATAKA STATE, NRUPATUNGA ROAD, BENGALURU-560 001. 4. THE DIRECTOR FORENSIC SCIENCE LABORATORY, MADIWALA, BENGALURU-560 068. 5. SMT. SHILPA ASSISTANT DIRECTOR, TOXICOLOGY DEPARTMENT, (UNDER ORDERS OF POSTING), O/O THE ADDITIONAL DIRECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI.VIKAS ROJIPURA., AGA FOR R1 TO R4; SRI. A. VISHWANATH BHAT., ADVOCATE FOR SRI. RAGHUPATHI M J., ADVOCATE FOR C/R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, - 3 - HC-KAR NC: 2025:KHC:43685-DB WP No. 32521 of 2025 QUASHING THE IMPUGNED ORDER DATED 25.09.2025 IN APPLICATION No. 4289/2025 PASSED BY THE KSAT VIDE ANNEXURE-B; b) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER OF TRANSFER ISSUED BY THE RESPONDENT No. 1 DATED 22.09.2025 No. HD55PEI-2025. WHEREBY THE PETITIONER HAS BEEN TRANSFERRED TO DAVANAGERE AND THE 5TH RESPONDENT HAS BEEN POSTED TO BENGALURU VIDE ANNEXURE-A6, PRODUCED IN APPLICATION No. 4289/2025 BEFORE THE HONBLE KSAT AS THE SAME IS OPPOSED TO ARTICLE 14, 16 AND 21 OF THE CONSTITUTION; c) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION, HOLDING THAT THE POSTS OF ASSISTANT DIRECTOR (NARCOTICS) AND ASSISTANT DIRECTOR (TOXICOLOGY) ARE SEPARATE CADRES, AND THAT OFFICERS BELONGING TO ONE CADRE CANNOT BE TRANSFERRED OR POSTED AGAINST SANCTIONED POSTS OF ANOTHER WITHOUT A VALID RULES; d) DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONER IN HER PRESENT POST AS ASSISTANT DIRECTOR (NARCOTICS) AT BENGALURU, AND RESTORE HER TO HER ORIGINAL POSITION FORTHWITH. - 4 - HC-KAR NC: 2025:KHC:43685-DB WP No. 32521 of 2025 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, who was working as the Assistant Director with the Narcotic Section, Forensic Science Laboratory, Bengaluru, is transferred as an Assistant Director with the Toxicology Section, Regional Forensic Science Laboratory, Davanagere vide the order dated 22.09.2025, and thus the fifth respondent in terms of this has replaced the petitioner. The petitioner has challenged such order with the Karnataka State Administrative Tribunal [for short, "the Tribunal"] in application No.4289/2025 along with a request for stay of such order. - 5 - HC-KAR NC: 2025:KHC:43685-DB WP No. 32521 of 2025 2. The Tribunal on 25.09.2025, after a brief reference to the rival submissions, has observed that the State - respondent must file its response on the petitioner’s request for the interim prayer. The Tribunal's observation as aforesaid is upon hearing the learned counsel for the petitioner and the learned counsel for the fifth respondent who was on caveat. Sri R.S. Ravi, the learned Senior Counsel for the petitioner, submits that: [i] this Court must intervene and grant interim orders to ensure that the fifth respondent does not take advantage of the transfer underscoring that post of Assistant Director of Narcotics and the post of Assistant Director of Toxicology are distinct and separate, [ii] the rules do not permit inter change, and, [iii] that the post of the Assistant Director, Narcotics is one post in the State while - 6 - HC-KAR NC: 2025:KHC:43685-DB WP No. 32521 of 2025 the posts of Assistant Director, Toxicology is more than 14. 3. Sri A.Vishwanath Bhat, the learned counsel on record for the fifth respondent, submits that the Tribunal had listed the application yesterday and it has again listed the petitioner's application on Tuesday [04.11.2025] for final disposal with Sri.Vikas Rojipura, the learned Additional Government Advocate who accepts notice for the other respondents, stating that he needs to secure instructions. The Tribunal is yet to express its opinion on whether the relevant rules permit posting a promotee as an Assistant Director, Toxicology to the post of the Assistant Director, Narcotics, and the Tribunal has deferred such consideration opining that the State Government has to take its stand, and the Government has not taken its stand even as of today. The Tribunal has listed the petitioner's application for final disposal on 04.11.2025. - 7 - HC-KAR NC: 2025:KHC:43685-DB WP No. 32521 of 2025 4. In these circumstances, this Court is not inclined to interfere and grant interim order, and this Court is inclined to dispose of the petition calling upon the Tribunal to dispose of the petitioner's application as scheduled on 04.11.2025 or in any event before 30.11.2025. At this stage, Sri R.S.Ravi submits that the petitioner, who was on leave as of the impugned order dated 22.09.2025, has continued to be on leave and this Court may observe that the fifth respondent shall not take charge of the petitioner's position. 5. In response, Sri.A.Vishwanath Bhat submits that his instructions are that the fifth respondent has already reported to duty. This Court opines that the fifth respondent cannot claim any equity and her reporting to duty consequent to the order dated 22.09.2025 must be subject to the Tribunal's further orders. In the light of the afore, the following: - 8 - HC-KAR NC: 2025:KHC:43685-DB WP No. 32521 of 2025 ORDER [a] The petition stands disposed of calling upon the Tribunal to decide on the petitioner's application [A.No.4289/2025] on 04.11.2025 or in any event before 30.11.2025. [b] It is needless to observe that if there is any delay, it shall be open to the petitioner to renew the request for stay with the Tribunal and the Tribunal shall consider the same expeditiously as aforesaid on or before 30.11.2025. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M. NADAF) JUDGE SA ct:sr