- 1 - HC-KAR NC: 2026:KHC:25479-DB WP No. 15943 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 15943 OF 2026 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME REP. BY ITS ADDITIONAL CHIEF SECRETARY VIDHANA SOUDHA BENGALURU- 560001. 2. THE COMMISSIONER DEPARTMENT OF SOCIAL WELFARE 51TH FLOOR, M S BUILDING BENGALURU - 560001. 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NO.2, NRUPATUNGA ROAD BENGALURU - 560001. 4. THE ADDITIONAL DIRECTOR -GENERAL OF POLICE KARNATAKA STATE RESERVE POLICE NO.2, NRUPATUNGA ROAD BENGALURU- 560001. …PETITIONERS (BY SRI.I THARANATH POOJARY AAG, A/W SRI V SHIVA REDDY, AGA) Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25479-DB WP No. 15943 of 2026 AND: 1. SRI SAGAYARAJA S/O LATE ANTHONY SWAMY AGED ABOUT 40 YEARS WORKING AS SPECIAL RESERVE POLICE INSPECTOR 9TH BATTALION, KARNATAKA STATE RESERVE POLICE KUDLU, BENGALURU-560100 R/AT NO.10, CAUVERY BLOCK 9TH BATTALION POLICE QUARTERS KUDLU, BENGALURU -560100. 2. SRI PRASANNA KUMAR D P S/O PUTTASWAMY GOWDA AGED ABOUT 39 YEARS WORKING AS SPECIAL RESERVE POLICE INSPECTOR 5TH BATTALION, KARNATAKA STATE RESERVE POLICE MYSURU UNI, LALITHA MAHAL ROAD MYSURU - 570011 R/AT NO.93, ‘5’ CROSS SIDDIVINAYAK BADAVANE TEACHERS LAYOUT, MYSURU–570019. …RESPONDENTS (BY SRI. PRITHVEESH M.K., ADV.) THIS 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, QUASHING THE EX-PARTE INTERIM ORDER, DATED 22.04.2026, PRODUCED HEREWITH AS ANNEXURE-A, PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO.2372-73/2026, INSOFAR AS IT STAYS 2ND PETITIONERS - 3 - HC-KAR NC: 2026:KHC:25479-DB WP No. 15943 of 2026 COMMUNICATION TO THE 1ST PETITIONER, BY LETTER, DATED 20.03.2026 AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The State represented by the Department of Social Welfare is before this Court in this writ petition challenging the interim order dated 22.04.2026 in Application No.2372-2373/2026 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) staying the impugned notification bearing No.SWD:REC:1(UR):2:2025 dated 20.03.2026 till the next date of hearing issued by the petitioners herein. 2. The matter is directed to be listed before the Tribunal on 11.06.2026. - 4 - HC-KAR NC: 2026:KHC:25479-DB WP No. 15943 of 2026 3. Heard learned Additional Advocate General Sri.Tharanath Poojary along with learned Additional Government Advocate Sri.V.Shiva Reddy for petitioners and learned counsel Sri.Prithveesh.M.K., for respondent Nos.1 and 2. Perused the material on record. 4. The respondents/applicants before the Tribunal questioned the impugned communication dated 20.03.2026 (Annexure-A4) and sought for a direction to the respondents to grant promotion i.e., respondents herein, as Assistant Commandants with all consequential benefits. On the interim prayer of the respondents, the Tribunal granted stay of the impugned communication dated 20.03.2026 (Annexure-A4). Questioning the said interim order of stay, the State is before this Court. 5. Learned Additional Advocate General Sri.Tharanath Poojary on behalf of the State among other contentions, contends that it is not permissible for the respondents to question the internal communication - 5 - HC-KAR NC: 2026:KHC:25479-DB WP No. 15943 of 2026 issued by the Commissioner, Social Welfare Department to the Additional Chief Secretary to Government, Home Department. Therefore, he contends that the Tribunal could not have granted the impugned interim order. 6. The petitioners-State has an opportunity to file an application for vacating interim order and bring to the notice of the Tribunal, the contentions urged before this Court. Having not filed application for vacating interim order, it may not be proper for the State to come before this Court. This Court normally would not entertain writ under Article 226 of the constitution of India, under one exhausts the available remedy. 7. It is open for the State to file proper application seeking vacating interim order dated 22.04.2026. If such application is filed, we are sure that the Tribunal would consider and pass appropriate order. Liberty is reserved for the State thereafter to question the order, passed by the Tribunal, if they are aggrieved by such order. - 6 - HC-KAR NC: 2026:KHC:25479-DB WP No. 15943 of 2026 8. With the above observations, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE NC CT:bms List No.: 1 Sl No.: 5