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2026 DAILYLAW 31342 (KAR)

KALEGOWDA D J v. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED

WP/20145/2026 · 2026-07-21

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010451592026 NC: 2026:KHC:37458 WP No. 20145 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 20145 OF 2026 (S-TR) BETWEEN: KALEGOWDA D J AGE ABOUT 42 YEARS S/O JAVAREGOWDA H WORKING AS ASSISTANT ENGINEER (ELE) SAIGARDEN O AND M, AVALAHALLI SUB DIVISION BESCOM, HOSKOTE 562114 …PETITIONER (BY SRI. SUVARNA LAKSHMI M.L., ADVOCATE) AND: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR CAUVERY BHAVAN, BANGALORE 560002 2. THE DIRECTOR (ADMIN AND (H R) KARNATAKA POWER TRANSMISSION CORPORATION LTD., CAUVERY BHAVAN BANGALORE 560002 3. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED REP. BY ITS MANAGING DIRECTOR CORPORATE OFFICE, BESCOM, K R CIRCLE BANGALORE 560001 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010451592026 NC: 2026:KHC:37458 WP No. 20145 of 2026 4. GANGARAJ R MAJOR BY AGE WORKING AS ASSISTANT ENGINEER (ELE) HBR LAYOUT, O AND M E9 SUB DIVISION BESCOM, BANGALORE 570043 …RESPONDENTS (BY SRI. A CHANDRACHUD, ADVOCATE FOR R1 TO R3 SRI. S B MUKKANNAPPA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PURSUANT TO IMPUGNED ORDERS DATED 30-06-2026 ISSUED BY THE 2ND RESPONDENT AND (A) QUASH ORDER BEARING NO. KAVIPRANINI/OOPRAVYA(C)/VYA(C- 1)B59/78126/1/2026 DATED 30TH JUNE 2026 (UNDER ANNEXURE-E TO THE WRIT PETITION) INSOFAR AS THE PETITIONER AT SERIAL NO.27 IS CONCERNED ISSUED BY THE 2ND RESPONDENT BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND GRANT ALL CONSEQUENTIAL BENEFITS. (B) QUASH ORDER BEARING NO. KAVIPRANINI/OOPRAVYA(C)/VYA(C- 1)B59/78126/1/2026 DATED 30TH JUNE 2026 (UNDER ANNEXURE-E1 TO THE WRIT PETITION) INSOFAR AS THE 4TH RESPONDENT AT SERIAL NO.50 IS CONCERNED ISSUED BY THE 2ND RESPONDENT BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND GRANT ALL CONSEQUENTIAL BENEFITS. - 3 - HC-KAR CNR: KAHC010451592026 NC: 2026:KHC:37458 WP No. 20145 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner has filed this petition seeking the following reliefs: (a) “quash order bearing no. KaViPraNiNi/OoPraVya(C)/Vya(C- 1)B59/78126/1/2026 dated 30th June 2026 (under Annexure-E to the writ petition) insofar as the petitioner at serial No.27 is concerned issued by the 2nd respondent by issue of a writ in the nature of certiorari and grant all consequential benefits. (b) quash order bearing no. KaViPraNiNi/OoPraVya(C)/Vya(C- 1)B59/78126/1/2026 dated 30th June 2026 (under Annexure-E1 to the writ petition) insofar as the 4th respondent at serial No.50 is concerned issued by the 2nd - 4 - HC-KAR CNR: KAHC010451592026 NC: 2026:KHC:37458 WP No. 20145 of 2026 respondent by issue of a writ in the nature of certiorari and grant all consequential benefits.” 2. Brief facts leading rise to the filing of this petition are as follows: 3. The petitioner took charge as an Assistant Engineer (Electrical), Avalahalli Sub-Division on 16.08.2024. His minimum tenure ends on 16.08.2026. The 4th respondent herein by an order of 2nd respondent dated 18.02.2026 was transferred and posted as Assistant Engineer (Electrical) HBR Layout, O&M E9 Sub-division, BESCOM, Bengaluru. The cadre of Assistant Engineer (Electrical) is a Group-B post and the minimum tenure prescribed by the transfer guidelines is two years. Hence, the 4th respondent has not yet completed his minimum period of tenure of two years, which completes on 18.02.2028. 4. The State Government notified the Transfer Guidelines for the year 2026-2027 and the general - 5 - HC-KAR CNR: KAHC010451592026 NC: 2026:KHC:37458 WP No. 20145 of 2026 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. 5. 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 Guidelines, respondent No.2 issued an order of Transfer. 6. The petitioner is transferred as an Assistant Engineer (Electrical) to Ramachandrapura Section, O&M W-3 Sub-Division, BESCOM and the 4th respondent has been transferred to the place of the petitioner. The impugned order of transfer shows the petitioner, at serial No.27, to be working at Sai Garden Division, - 6 - HC-KAR CNR: KAHC010451592026 NC: 2026:KHC:37458 WP No. 20145 of 2026 O&M Sub-division, Avalahalli, BESCOM, Bengaluru, which is incorrect. Hence, this writ petition. 7. Heard the arguments of the learned counsel for the petitioner and learned counsel for the respondents. 8. Learned counsel for the petitioner submits that the petitioner was transferred to Ramachandrapura Section vide transfer order dated 30.06.2026. 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. 9. Per contra, learned counsel for the respondents fairly concedes that there is a mistake in the impugned orders, insofar as serial No.27 pertains to the petitioner. The respondents will consider the representation of the petitioner, if submitted, in - 7 - HC-KAR CNR: KAHC010451592026 NC: 2026:KHC:37458 WP No. 20145 of 2026 accordance with law and rectify the mistake that has crept in the impugned order. 10. 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; ii. The impugned order dated 30.06.2026 passed by respondent No.2 vide Annexure-E insofar as the petitioner at serial No.27 is concerned is hereby quashed; iii. Liberty is reserved to the petitioner to make a representation to the respondents within one week from the date of receipt of a copy of this order. iv. If such a representation is made, respondents are directed to consider the same and pass an appropriate order in accordance - 8 - HC-KAR CNR: KAHC010451592026 NC: 2026:KHC:37458 WP No. 20145 of 2026 with law within four weeks from the date of receipt of the representation. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 1 Sl No.: 15