M. KEMPEGOWDA v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
WP/21795/2026 · 2026-07-17
Ashok S Kinagi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29515 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29515 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010487212026 NC: 2026:KHC:36958 WP No. 21795 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 21795 OF 2026 (S-TR) BETWEEN:
1.
M. KEMPEGOWDA AGED ABOUT 47 YEARS, S/O MAYAPPA, WORKING AS JUNIOR ENGINEER (ELE.), UNIT-2 O AND M SUB-DIVISION, NELAMANGALA, BESCOM-560 043 (BY COUNTING HIS SERVICE AND LIEN AS JUNIOR ENGINEER AT DODHABALLAKERE, N-9 SUB-DIVISION, BESCOM)
…PETITIONER (BY SMT. SUVARNA LAKSHMI M.L.,ADVOCATE) AND:
1.
BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED REPRESENTED BY ITS MANAGING DIRECTOR CORPORATE OFFICE, BESCOM K.R.CIRCLE, BANGALORE-560001.
2.
THE GENERAL MANAGER (ADMIN AND HR), CORPORATE OFFICE, BESCOM K.R.CIRCLE, BANGALORE-560001.
Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010487212026 NC: 2026:KHC:36958 WP No. 21795 of 2026
3.
EXECUTIVE ENGINEER (ELE), BESCOM BH.ROAD, NELAMANGALA – 562123
4. LOKESH.V MAJOR BY AGE, WORKING AS JUNIOR ENGINEER (ELE.), O AND M UNIT, NAGAWARA, 9TH EAST SUB-DIVISION, BESCOM BANGALORE EAST CIRCLE-560 043
…RESPONDENTS (BY SRI. A. CHANDRACHUD, ADVOCATE FOR R1 TO R3 V/O 17.07.2026, NOTICE TO R4 IS D/W)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PURSUANT TO IMPUGNED ORDERS DATED 14-07- 2026 ISSUED BY THE 2ND RESPONDENT AND (A) QUASH
ORDER BEARING NO. BEVICOM/BC31/4098/2026-27/304 DATED 14TH JULY 2026 (UNDER ANNEXURE-D TO THE WRIT PETITION) INSOFAR AS THE PETITIONER AT SERIAL NO.85 IS CONCERNED, ISSUED BY THE 2ND RESPONDENT BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND GRANT ALL CONSEQUENTIAL BENEFITS.
(B) CONSEQUENTLY DIRECT THE 2ND RESPONDENT TO CONSIDER THE REPRESENTATION DATED 15-07-2026 (ANNEXURE-E) IN TERMS OF THE TRANSFER GUIDELINES DATED 14-04-2026 AND GRANT ALL CONSEQUENTLAL BENEFITS ETC.
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HC-KAR
CNR: KAHC010487212026 NC: 2026:KHC:36958 WP No. 21795 of 2026
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
1. The petitioner filed this petition seeking the following reliefs: (a) Quash
order bearing No. BeViCom/BC31/4098/2026-27/304 dated 14th July 2026 (under Annexure-D to the writ petition) insofar as the petitioner at serial No.85 is concerned, issued by the 2nd respondent by issue of a writ in the nature of certiorari and grant all consequential benefits. (b) consequently direct the 2nd respondent to consider the representation dated 15-07-2026 (Annexure-E) in terms of the transfer guidelines dated 14-04-2026 and grant all consequential benefits etc. (c) Issue such other appropriate writ, order or direction as this Hon’ble Court deems fit to grant in the interest of justice and equity, including the award of costs of this writ petition.
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HC-KAR
CNR: KAHC010487212026 NC: 2026:KHC:36958 WP No. 21795 of 2026
2. Brief facts leading rise to the filing of this petition are as follows:
3. The petitioner took charge as Junior Engineer (Electrical), Unit-2 O & M Sub-Division, Nelamangala, BESCOM (by counting his service and lien as Junior Engineer at Dodhaballakere, N-9 Sub-Division). His minimum tenure of 4 years ends on 30.06.2029. The State Government notified the Transfer Guidelines for the year 2026-2027 and the general period of transfer is notified to commence from 15.04.2026 to
31.05.2026. The respondents have adopted the Transfer Guidelines dated 13.04.2026 and the State Government extended the period of general transfer until 15.07.2026.
4. The transfer of the petitioner is premature in nature, without compliance of clause 8 of the Transfer Guidelines and without prior approval of the Hon'ble Chief Minister as mandated under clause 9 of the
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HC-KAR
CNR: KAHC010487212026 NC: 2026:KHC:36958 WP No. 21795 of 2026
Guidelines. Respondent No.2 issued an order of Transfer and the impugned order of transfer shows that the petitioner, at serial No.85, to be working as Junior Engineer, O & M Unit, Hesaraghatta, N-9, sub-Division, Jalahalli Division, BESCOM, which is incorrect.
5. The petitioner is transferred to the 3rd receiving sub- station, Jalahalli Division, Bangalore North Circle, BESCOM. The petitioner submits a representation to respondent No.2 requesting to withdraw the impugned
order of transfer on the ground of it being premature. The respondent No.2 did not consider the representation of the petitioner. Hence, this writ petition.
6. Heard the arguments of the learned counsel for the petitioner, and learned counsel for the respondents.
7. Learned counsel for the petitioner submits that the petitioner was transferred to Nelamangala vide transfer
order dated 30.06.2025. By virtue of an impugned
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HC-KAR
CNR: KAHC010487212026 NC: 2026:KHC:36958 WP No. 21795 of 2026
order dated 14.07.2026, the petitioner has been transferred. The order of transfer of the petitioner is premature and it is not in accordance with the Transfer Guidelines notified by the Government for the year 2026-27. Hence, on these grounds, prays to allow the writ petition.
8. Per contra, learned counsel for the respondents fairly concedes that there is a mistake in the impugned
order, insofar as serial No.85 pertains to the petitioner. The respondents will consider the representation of the petitioner and rectify the mistake that has crept into the impugned order.
9. In view of the submission made by the learned counsel for the respondents, I proceed to pass the following
order:
ORDER i. The writ petition is allowed;
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HC-KAR
CNR: KAHC010487212026 NC: 2026:KHC:36958 WP No. 21795 of 2026
ii. Annexure D dated 14.07.2026 is hereby quashed insofar as the petitioner at serial No.85 is concerned; iii. Respondent No. 2 is directed to consider the representation dated 15.07.2026 vide Annexure E, and pass appropriate orders in accordance with law within a period of one week and the same may be communicated to the petitioner. Till that time, the respondent No.2 is
directed not to relieve the petitioner from the said post. iv. In view of disposal of the petition, I.A.No.1/2026 stands
disposed of accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
SKS