- 1 - WP No. 15854 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE , 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 15854 OF 2026 (S-KSAT) BETWEEN: SHRI. B. MAHENDRA S/O BASAVANNA @ PARAMESHWARAPPA, AGED ABOUT 44 YEARS, R/AT. LINGAYATHARA STREET, GUNDLUPET TALUK, VEERANAPURA, CHAMARAJANAGAR – 571 111 …PETITIONER (BY SRI. V.S.HEGDE FOR SRI. PRAVEEN M.T ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU – 560 009. 2. THE INSPECTOR GENERAL OF POLICE SOUTH DIVISION MYSORE – 571 107. 3. MAHESH KUMAR B.K S/O LATE B KEMPAILAH AGED ABOUT 42 YEARS, WORKING AS POLICE SUB INSPECTOR, YELAWALA POLICE STATION, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - WP No. 15854 of 2026 MYSORE DISTRICT MYSORE – 571 130 SUSPENDED ON 28.06.2025 R/AT NO.68, 1ST STAGE, 1ST MAIN, 1ST CROSS, GAYATHRIPURAM, MYSORE – 570 019. …RESPONDENTS (BY SRI. S.S.AHMED AAG, A/W SRI.K.R.RAJENDRA, AGA FOR R1&R2; SRI.A.NAGARAJAPPA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER OF KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APP No. 1275/2026 DATED 22.04.2026. A COPY OF WHICH IS PRODUCED AS ANNEXURE C AS ILLEGAL AND AB INITIO VOID AND ISSUE APPROPRIATE WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER BEARING, O B No. 14/2026/27 DATED 04.05.2026 ISSUED BY THE 2ND RESPONDENT. A COPY OF WHICH IS PRODUCED AT ANNEXURE-H AS ILLEGAL AND AB INITIO VOID AND ETC., THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 15.06.2026 COMING ON THIS DAY, S.G.PANDIT J., PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE RAJESH RAI K - 3 - WP No. 15854 of 2026 CAV ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The unsuccessful applicant before the Tribunal is before this Court, questioning the order dated 22.04.2026 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short “the Tribunal”) in Application No.1275/2026 by which, the petitioner’s prayer to quash the order transferring the petitioner who was working as Sub-Inspector of Police (Law & Order) from Yelawala Police Station and posting the respondent No.3 as Sub-Inspector of Police (Law & Order), Yelawala Police Station, is rejected. 2. The brief facts of the case are that: Respondent No.3 was kept under suspension by order dated 28.06.2025 and by order dated 30.06.2025 lien of respondent No.3 was shifted to T.Narasipura Police Station (Investigation). On the same day i.e., on 30.06.2025, the petitioner was posted as Sub-Inspector of Police (Law & Order), Yelawala Police Station in place of respondent No.3. The 3rd respondent approached the - 4 - WP No. 15854 of 2026 Tribunal in Application No.3090/2025, questioning the order of suspension and the said application was dismissed and against the said dismissal order, the petitioner was before this Court in W.P.No.33384/2025. This Court, by order dated 11.11.2025, allowed the writ petition and quashed the order of suspension dated 28.06.2025 and directed the respondents to issue appropriate order to enable respondent No.3 to report to his post. Since the respondent No.3 was not given re-posting as Sub- Inspector of Police (Law & Order), Yelawala Police Station respondent No.3 filed contempt petition before this Court in CCC No.1677/2025. On filing of the contempt petition and on appearance of official respondents No.1 and 2, respondent No.3 was posted as Sub-Inspector of Police (Law & Order), Yelawala Police Station in place of petitioner and petitioner was transferred and directed to report at the office of Superintendent of Police, Mysore District under impugned order dated 30.12.2025. Questioning the said order, the petitioner was before the Tribunal and the Tribunal under impugned order dated - 5 - WP No. 15854 of 2026 22.04.2026 held that there is no illegality in the impugned order and further directed the respondents that since there are two vacant posts of PSI available in the same Police Station, the petitioner be accommodated for remainder of his term in the available vacant post. Accordingly, the petitioner was posted to work as Sub-Inspector of Police (Investigation), Yelawala Police Station under order dated 04.05.2026 (Annexure-H) of the second respondent. Questioning the order dated 30.12.2025, transferring the petitioner and posting of respondent No.3 in his place and also the order dated 22.04.2026 passed by the Tribunal in Application No.1275/2026, petitioner is before this Court in this writ petition. 3. Heard learned counsel Sri.V.S.Hegde for Sri.Praveen M.T., learned counsel for the petitioner, Sri.S.A.Ahmed, learned Additional Advocate General along with Sri.K.R.Rajendra, learned AGA and Sri.A.Nagarajappa, learned counsel for respondent No.3. Perused the entire writ petition papers. - 6 - WP No. 15854 of 2026 4. Learned counsel for the petitioner would submit that the petitioner was posted to work as Sub-Inspector of Police (Law & Order) by order of the second respondent dated 30.06.2025 and the petitioner has not completed his tenure of two years at Yelawala Police Station. As the transfer of the petitioner is premature, he would pray for quashing the order of his transfer. Further, learned counsel referring to the provisions of Karnataka Police Act would submit that the petitioner is provided with 2 years tenure and even before he completes six months, he was transferred and respondent No.3 was posted to his place. Learned counsel further would submit that respondent No.3 was suspended and he was not working as Sub- Inspector of Police (Law & Order) in the same police station and in that circumstances, respondent No.3 could not have provided posting at the same Police Station. Further, learned counsel would submit that even if respondent No.3 were to be posted to work at Yelawala Police Station, he would submit that senior should be posted as Sub-Inspector of Police (Law & Order) and junior - 7 - WP No. 15854 of 2026 should be posted as Sub-Inspector of Police (Investigation) in terms of Circular dated 18.06.2021 issued by the Director General and Inspector General of Police (Annexure-A9). Further, learned counsel would submit that respondent No.3 failed to bring it to the notice of this Court, the posting of the petitioner as Sub- Inspector of Police (Law & Order) Yelawala Police Station while the order by this Court in W.P.No.33384/2025 was passed and respondent No.3 had also failed to bring to the notice of this Court the circular dated 18.06.2021. Therefore, he would submit that since the petitioner is senior to respondent No.3, the respondents-authorities ought to have posted the petitioner to work as Sub- Inspector of Police (Law & Order) and respondent No.3 ought to have been posted to work as Sub-Inspector of Police (Investigation). Thus, he would pray for allowing the writ petition. 5. Per contra, learned Additional Advocate General Sri.S.A.Ahmed would submit that respondents No.1 and 2 have complied with the order passed by this Court in - 8 - WP No. 15854 of 2026 W.P.No.33384/2025 dated 11.11.2025 as also the order passed by the Tribunal in Application No.1275/2026 dated 22.04.2026 which is impugned in the present writ petition. Hence, learned AAG would pray for passing appropriate order. 6. Learned counsel Sri.A.Nagarajappa appearing for respondent No.3 would contend that the suspension of respondent No.3 was quashed by this Court with an observation that in the facts and circumstances, the Tribunal should have considered and interfered with the order of suspension. Further, while questioning the order of suspension, this Court directed to issue appropriate order to enable respondent No.3 to report to his post. Learned counsel would submit that when this Court has directed to post respondent No.3 to the post which he was holding while he was kept under suspension, the official respondents have complied with such direction by posting respondent No.3 as Sub-Inspector of Police (Law & Order), Yelawala Police Station. - 9 - WP No. 15854 of 2026 7. With regard to Circular dated 18.06.2021, learned counsel would submit that the Circular would not bind respondents No.1 and 2, as such, instructions are issued as a pilot project. Further, he would submit that the Circular is issued by the Director General and Inspector General of Police and it would not indicate the source of power to issue such Circular. Learned counsel would also submit that respondent No.3 has questioned the order of Sessions Court whether the enquiry was ordered against him in a criminal proceedings and this Court has granted stay. In view of the above, he would submit that the petitioner has not made out any ground to interfere with the order passed by the Tribunal and he would pray for dismissal of the writ petition. 8. On hearing the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are not inclined to grant any relief to the petitioner as well as respondent No.3 in the present writ petition. Further, in the peculiar facts and circumstances of the present case, both the petitioner and respondent No.3 - 10 - WP No. 15854 of 2026 deserve to be transferred out of Yelawala Police Station and respondent Nos.1 and 2 are directed to provide posting to the petitioner and respondent No.3 out of Mysuru District. 9. It is an admitted fact that respondent No.3 was suspended by order dated 28.06.2025 (Annexure-A3) for dereliction of duty i.e., in a case registered under UDR.No.33/2020 under Section 174 of Cr.P.C., in respect of suspicious death of a person, respondent No.3 is said to have failed to investigate in accordance with law. The said order of suspension was the subject matter of application before the Tribunal in Application No.3090/2025 and the Tribunal refused to interfere with the order of suspension. Questioning the order of the Tribunal, petitioner was before this Court in W.P.No.33384/2025. This Court, while observing that due to lapse of time and the petitioner being posted outside the limits of Bettadapura Police Station, he would be outside the mischief zone, allowed the writ petition and set aside the order passed by the Tribunal as well as order of suspension with a direction to - 11 - WP No. 15854 of 2026 the official respondents to issue appropriate orders to enable the petitioner to report to his post. In the said writ petition, respondent No.3 suppressed or failed to bring to the notice of this Court posting of petitioner, senior to respondent No.3 to work as Sub-Inspector of Police (Law & Order), Yelawala Police Station. Further, respondent No.3 or official respondents failed to bring to the notice of this Court the Circular dated 18.06.2021 (Annexure-A9) wherein the Director General and Inspector General of Police, Karnataka State has issued guidelines to post senior Police Sub-Inspector in a police station to the post of Law and Order and junior Police Sub-Inspector to crime investigation. 10. Learned counsel for respondent No.3 contended that the Circular dated 18.06.2021 issued by the Director General and Inspector General of Police, Karnataka State is contrary to the provisions of the Police Act and has no legal force. In the facts of the present case, it may not be necessary to go into the validity of the said circular by considering the contention of respondent No.3. - 12 - WP No. 15854 of 2026 11. Learned counsel appearing for petitioner as well as respondent No.3 contended that they have not completed tenure as provided under the Police Act. As such, they prayed to continue at Yelawala Police Station. 12. Both petitioner and respondent No.3 are working as Sub-Inspectors in the Police Department, which is a disciplined force. The persons working in a disciplined police force are expected to work and discharge their duties in a disciplined manner and they shall not fight for a post in a particular place. If two Sub-Inspectors working in a police Station fight or quarrel for a particular post, they would not be in a position to maintain law and order or to investigate a crime in a proper manner and it would affect the larger public interest. Moreover, a person who approached the Court by suppressing certain material facts and failed to bring to the notice of relevant facts would not be entitled for any relief. In the instant case, respondent No.3 herein failed to bring to the notice of this Court the posting of petitioner in his place when - 13 - WP No. 15854 of 2026 respondent No.3 was kept under suspension and when his lien was transferred to T.Narasipura. The proper course for respondent No.3 was to implead petitioner while seeking posting to the same post in which he was kept under suspension. 13. Though the tenure is provided under the Police Act to Police Personnel, no Government servant or official has a right to seek posting to a particular post or place and no government servant can stick to a particular post or place. It is open for the Government to utilize the services of a Government servant wherever his services are needed, subject to the statutory provision, if any or transfer guidelines laid down by the State Government. 14. In the above peculiar circumstances of the present case, we deem it appropriate to direct respondent Nos.1 and 2 to post the petitioner as well as respondent No.3 out of the Yelawala Police Station as well as out of Mysuru District. This order shall be complied within two - 14 - WP No. 15854 of 2026 weeks from the date of uploading the order on the website of the High Court and report the compliance forthwith. 15. With the above, writ petition stands disposed of. SD/- (S.G.PANDIT) JUDGE SD/- (RAJESH RAI K) JUDGE MPK/NC CT:RK