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2026 DAILYLAW 28746 (KAR)

SRI MANJUNATHA N v. THE STATE OF KARNATAKA

WP/14387/2026 · 2026-07-07

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 14387 OF 2026 (S-TR) BETWEEN: SRI MANJUNATHA N S/O. LATE NANJAIAH, AGED ABOUT 40 YEARS, WORKING AS REVENUE INSPECTOR, RAMMANAHALLI TOWN PANCHAYAT, MYSORE DISTRICT, MYSORE - 570 019, RESIDING AT NO. 3325/73, 2ND CROSS, ANEGUNDI MAIN ROAD, TILAK NAGAR, MYSORE - 570 015. …PETITIONER (BY SRI. SATISH K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION, V. V. TOWERS, BENGALURU - 560 001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 3. SRI. RAMASWAMY C. MAJOR, FATHER'S NAME NOT KNOW THE PETITIONER, WORKING AS FIRST DIVISION REVENUE INSPECTOR, CITY MUNICIPAL COUNCIL, HOOTAGALLI, MYSORE 570 018. …RESPONDENTS (BY SRI. T NARAYANASWAMY, ADVOCATE FOR SRI. N RAGHAVENDRA, ADVOCATE FOR C/R3 IN CP No.11034/2 SMT. PRATHIMA HONNAPURA, AAG, A/W SRI. G RAMESH NAIK, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FORM THE R1 PERTAINING TO THE IMPUGNED ORDER DATED 27.04.2026 (ANNX-K). QUASHING THE IMPUGNED ORDER DATED 27.04.2026 BEARING NO. NA AA E 68 TMS 2026 (E) PASSED BY THE R1 (ANNX-K). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking the following reliefs: “a) Call for records from the Respondent No. 1 pertaining to the impugned Order dated 27/04/2026 (ANNEXURE – K); - 3 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 b) ISSUE WRIT OR ORDER quashing the impugned Order dated 27/04/2026 bearing No. NaAaE 68 TMS 2026(E) passed by the Respondent No. 1 (ANNEXURE – K), in the interest of justice and equity; c) PASS any such other Order which this Hon’ble Court deems fit, including the cost of the Writ Petition, in the interest of justice and equity.” 2. Brief facts, leading rise to the filing of the writ petition are as follows: 2.1. The petitioner was initially appointed as a Second Division Assistant in respondent No.2-Department on 07.03.2005. The petitioner was promoted as First Division Assistant in the year 2016. When he was working as a FDA at the City Municipal Council, Hunsur, was transferred and posted as a First Division Revenue Inspector at Rammanahalli Town Panchayat, Mysuru. The petitioner reported for duty at Rammanahalli Town Panchayat on 29.08.2024. Respondent No.3 was working as a Tax Collector at Rammanahalli Town Panchayat, and - 4 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 was promoted as a First Division Revenue Inspector and was posted at the vacant post at City Municipal Council, Hootagalli on 03.01.2025. The respondent No.3 having been promoted and relieved from his duties at Rammanahalli Town Panchayat on 08.01.2025. One Sri Shakeel Ahmed, First Division Revenue Inspector, Chamarajanagar City Municipal Council has been transferred and posted in place of the petitioner at Rammanahalli Town Panchayat. Further the services of the petitioner have been repatriated to the parent department. A criminal case came to be registered against respondent No.3 by the Karnataka Lokayukta Police, Mysuru in Crime No.13/2025 for the offences punishable under Section 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act, 1988 alleging that he was in possession of wealth disproportionate to his known sources of income. The Lokayukta Police have recommended shifting the lien of respondent No.3, apprehending that his continuation at the same place may interfere with the fair investigation. - 5 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 The earlier transfer order dated 16.09.2025 was modified and the petitioner was continued as First Division Inspector at Rammanahalli Town Panchayat. Respondent No.2 has passed an order on 18.04.2026, whereby the lien of respondent No.3 has been shifted from City Municipal Council, Hootagalli to the vacant post of First Division Revenue Inspector at Maddur Town Municipal Council and he has been posted in the place of the petitioner at Rammanahalli Town Panchayat vide impugned order dated 27.04.2026. Hence, the petitioner aggrieved by the impugned order passed this writ petition. 3. Respondent No.3 filed the statement of objections contending that the writ petition filed by the petitioner is not entitled to hold a post of First Division Revenue Inspector. It is contended that the petitioner was appointed as SDA on compassionate ground on 07.03.2005. The petitioner was promoted from the cadre of Second Division Assistant cadre of First Division Assistant. The petitioner was posted as a First Division - 6 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 Assistant Hootagahalli City Municipal Council, Mysuru on deputation vide official memorandum dated 04.01.2022. In view of the typographical error that crept into the official memorandum dated 04.01.2022, and respondent No.1 issued a corrigendum letter dated 13.01.2022. In pursuance of the deputation order dated 04.01.2022 the petitioner was relieved from his parent corporation and reported for duty at the office of the City Municipal Council, Hootagahalli, Mysuru. The petitioner discharged his duty at the deputation place. A complaint was lodged against the petitioner in Crime No.10/2023 of Lokayuktha Police, Mysuru for the offence punishable under Section 7(A) of the PC Act, 1988 and he was arrested. The petitioner had tainted record of service and has not had a harmonious relationship with the public, which led the public to file complaints against the petitioner. It is contended that the petitioner was prematurely displaced without any basis as the petitioner is only on deputation to the post of First Grade Revenue Inspector. He has no right - 7 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 to hold the post to which he was deputed. The impugned order passed by respondent No.1 is only in the administrative and public interest. Hence, prays to dismiss the writ petition. 4. Heard the arguments of the learned counsel for the petitioner and also the learned counsel for the respondents. 5. Learned counsel for the petitioner submits that on 31.07.2024 the petitioner was posted to Rammanahalli Town Panchayat, Mysuru at First Division Revenue Inspector and he has taken the charge on 29.08.2024. He submits that one Shakeel Ahmed was posted to the place of the petitioner vide order dated 16.09.2025 and the said order was withdrawn on 20.01.2026. He submits that respondent No.3 was relieved from Rammanahalli Town Panchayat, Mysuru on 08.01.2025 and posted at Hootagalli Mysuru and the criminal case was registered on - 8 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 24.11.2025. Respondent No.3 is lien was shifted from Hootagalli to Maddur is directed to report at Maddur. He did not report to Maddur. He submits that the impugned order passed by respondent No.1 is arbitrary and erroneous. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned AGA and learned counsel for respondent No.3 submit that, the petitioner is not eligible to hold the post of First Division Revenue Inspector. The petitioner was posted on a deputation vide official memorandum dated 04.01.2022 and there is a typographical error that crept into the official memorandum dated 04.01.2022 and corrigendum was issued on 13.01.2022. The petitioner was relieved from his parent corporation and reported to the duty at the Office of the City Municipal Council, Hootagahalli, Mysuru and discharged his duty at a deputation place. A complaint was registered against the petitioner in Cr.No.10/2023 by Lokayuktha Police, Mysuru for the offence punishable - 9 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 under Section 7(A) of the Prevention of Corruption Act, 1988, and he was arrested. The petitioner has no right to hold the post to which he was deputed and the impugned order passed by respondent No.1 is only in the administrative and public interest. Hence, the impugned order passed by the respondent No.1 is in accordance with law. Hence, on these grounds, they pray to dismiss the writ petition. 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. The undisputed facts are that the petitioner was transferred and posted at Rammanahalli Town Panchayat, Mysuru District by virtue of the order dated 31.07.2024. He had taken charge on 29.08.2024. An order was passed on 16.09.2025, wherein one Shakeel Ahmed, was posted to the place of the petitioner. The order of transfer dated 16.09.2025 was withdrawn vide order dated 20.01.2026 - 10 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 and directed the petitioner to continue in the same place. Respondent No.3 was promoted as a First Division Revenue Inspector. Respondent No.3's lien was shifted from Hootagalli to Maddur and he was directed to report at Maddur. Respondent No.3 did not report at Maddur. Respondent No.1 has not allotted the place of transfer to the petitioner. 9. Admittedly, the petitioner was working at Rammanahalli Town Panchayath on deputation. He has no vested right to continue in post borne on another department. The said view is supported by the judgment of the Division Bench of this Court in the case of Sri. N. Muniraju Vs. State of Karnataka and Others1, has held that, a deputationist does not have a vested right to continue in a post borne on another department, especially when a qualified hand from the concerned department becomes available. 1 WP No.8479/2024, disposed of on 03.07.2024 - 11 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 10. Admittedly, in the instant case, the respondent has become eligible. He was qualified and eligible for the post and the petitioner does not have a vested right to continue in the post in a borrowing department. The issue involved in this case is squarely covered by the order passed by the Division Bench of this Court in the aforesaid writ petition. Hence, I do not find any error in the impugned official memorandum. 11. Learned Additional Advocate General undertakes to give posting to the petitioner forthwith. The undertaking is placed on record. 12. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is dismissed; ii. Pending IA(s), if any, shall stand disposed of. - 12 - HC-KAR CNR: KAHC010318882026 NC: 2026:KHC:36927 WP No. 14387 of 2026 iii. As the learned Additional Advocate General has undertaken to give a posting to the petitioner, respondent No.1 is directed to give a posting to the petitioner forthwith within a period of one week from the date of receipt of a certified copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE SSB , PA