Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 33553 (KAR)

SRI V PRAKASH v. KARANATAKA POWER TRANSMISSION CORPORATION LIMITED

WP/22515/2026 · 2026-08-07

Ashok S Kinagi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 22515 OF 2026 (S-TR) BETWEEN: SRI V PRAKASH S/O. LATE G. VISHWANATH., AGED ABOUT 47 YEARS, WORKING AS ASSISTANT ENGINEER (ELECTRICAL), OPERATION AND MAINTENANCE UNIT, BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, BIDADI SUB DIVISION, BIDADI, BANGALORE SOUTH DISTRICT - 562 109. …PETITIONER (BY SRI. SATISH K., ADVOCATE) AND: 1. KARANATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, CAUVERY BHAVAN, K. G. ROAD, BANGALORE 560 009. 2. THE DIRECTOR, (ADMINISTRATION AND HUMAN RESOURCES), KARNATAKA POWER TRANSMISSION CORPORATION LTD., CAUVERY BHAVAN, K. G. ROAD, BANGALORE 560 009. 3. THE MANAGING DIRECTOR, BANGALORE ELECTRICITY SUPPLY COMPANY Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 LIMITED, K. R. CIRCLE, BANGALORE 560 001. 4. THE GENERAL MANAGER, (ADMINISTRATION AND HUMAN RESOURCES), BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, K. R. CIRCLE, BANGALORE 560 001. 5. SRI. N. NAGARAJ, FATHER'S NAME NOT KNOWN TO THE PETITIONER, MAJOR, WORKING AS ASSISTANT ENGINEER, 220 KV RECEIVING STATION, KARNATAKA POWER TRANSMISSION CORPORATION LTD, BIDADI, BANGALORE SOUTH DISTRICT - 562 109. …RESPONDENTS (BY SRI. CHANDRACHUD A., ADVOCATE FOR R1 TO R4 (VK FILED FOR R1 & R2) SRI. ADITHYA R CHAKRAGIRI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R-2 PERTAINING TO THE IMPUGNED ORDER DTD 15.07.2026 ANNX-V. QUASHING THE IMPUGNED ORDER DTD 15.07.2026 BEARING NO. KAVIPRANINI/UPRAVYA(C)/VYA(C1)/B59/78126/5/2026 PASSED BY THE R-2 ANX-V IN SO FAR AS PETITIONER AND THE R-5 ARE CONCERNED (SLN O. 49 AND 48 RESPECTIVELY). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 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. 2 pertaining to the impugned Order dated 15/07/2026(ANNEXURE - V) b) ISSUE WRIT OR ORDER quashing the impugned Order dated 15/07/2026 bearing No. KaViPraNiNi/UPraVya (C)/Vya(C1)/B59/78126/ 5/2026 passed by the Respondent No. 2 (ANNEXURE - V), in so far as the Petitioner and the Respondent No.5 are concerned (SI.No. 49 and 48 respectively), 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 this petition are as follows: 2.1. The petitioner has been transferred from the Operation and Maintenance Unit, Bidadi Sub-Division, - 4 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 Bidadi to 220 kV Receiving Station, Kanakapura (though respondent No.5 is admittedly working at 220 kV Receiving Station, Bidadi). Respondent No.5 has been transferred and posted in the place of the petitioner at the Operation and Maintenance Unit, Bidadi. The impugned order of transfer is wholly arbitrary, illegal and liable to be quashed. It is contended that, the earlier transfer order dated 06.11.2025 whereby the petitioner was transferred from Operation and Maintenance Unit, Bidadi Sub-division, Bidadi to the 66/11 kV Receiving Station, Yediyuru, was the subject matter of challenge before this Court in WP No.33655/2025, wherein this Court granted an interim order vide order dated 10.11.2025. The petitioner resumed the duty on 11.11.2025 and is continuously discharging his duty at the said place of posting. During the subsistence of the interim order, the respondent Nos.1 to 4, without obtaining leave or modification from this Court, has once again transferred the petitioner from the very same place of posting by the impugned order dated - 5 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 15.07.2026. The impugned order of transfer is a premature transfer. Hence, this petition. 3. Respondent No.5 filed a statement of objections contending that, the writ petition filed by the petitioner is not maintainable in law as well as on facts. The same is liable to be dismissed. It is contended that, this Court granted an interim order of stay of execution and operation of transfer order dated 15.07.2026 insofar as the petitioner and respondent No.5 are concerned. It is contended that, the petitioner has completed his tenure at the present place as Assistant Engineer (Electrical), Operation and Maintenance Unit, Bidadi Sub-division. Such being the case, the petitioner, at the first place, has no locus to challenge the transfer order dated 15.07.2026. It is also contended that, the petitioner has made an attempt to establish before the Court that, the petitioner has been subjected to repeated transfers and therefore, the present transfer order dated 15.07.2026 is bad in law. It is contended that, the petitioner is continuously working at - 6 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 the present place which fact has been conveniently overshadowed. Respondent No.5 has provided the details in regard to the transfers and cancellation of the transfer orders of the petitioner. On 14.02.2023, the petitioner was transferred from 66/11 kV Electrical Sub-station, Kadugodi to the present place at the Operation and Maintenance Unit, Bidadi Sub-division, Bidadi. The petitioner has assumed the charge at the Operation and Maintenance Unit, Bidadi Sub-division, Bidadi on 27.02.2023. The petitioner was transferred to Works Unit, Channapatna on 27.06.2025. The transfer order was never implemented and the petitioner continued at the Operation and Maintenance Unit, Bidadi Sub-division, Bidadi. Again on 02.07.2025, the petitioner was re-posted to the Works Unit, Bidadi instead of Channapatna. On 06.10.2025, respondent No.4 transferred the petitioner to 66 kV Receiving Station, Yediyuru based on certain allegations. The petitioner challenged the order of transfer dated 06.10.2025 before this Court in WP No.31146/2025. On - 7 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 24.10.2025, Assistant Executive Engineer, Yediyuru refused to accept the petitioner's joining report since respondent No.4 was incompetent to pass the transfer order. On 05.11.2025, the transfer order dated 06.10.2025 was withdrawn and the petitioner continued to work at the Operation and Maintenance Unit, Bidadi Sub- division, Bidadi. WP No.31146/2025 was disposed of vide order dated 07.11.2025 as having rendered infructuous. On 06.11.2025, the petitioner was transferred to 66/11 kV Receiving Station, Yediyuru based on certain allegations. The said transfer order was challenged before this Court in WP No.33655/2025 and obtained an interim order, and continued to work in the same place. Again on 15.07.2026, the respondent Nos.1 to 4 have passed the impugned order of transfer, transferring the petitioner to the place of respondent No.5. Challenging the same, the petitioner has filed this petition and obtained an interim order. It is contended that, the petitioner is repeatedly challenging the order of transfers on one or the other - 8 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 grounds. The petitioner has not come to the Court with clean hands. The petitioner is guilty of suppression of material facts. Accordingly, prays to dismiss the petition. 4. Heard the arguments of learned counsel for the petitioner, learned counsel for respondent Nos.1 to 4 and learned counsel for respondent No.5. 5. Learned counsel for the petitioner submits that, respondent No.2 has passed the impugned order of transfer dated 15.07.2026 without application of mind and the petitioner has been subjected to repeated transfers vide transfer orders dated 27.06.2025, 06.10.2025, 06.11.2025 and again by the impugned order dated 15.07.2026, despite one of the earlier transfer orders has been withdrawn by the respondents themselves. The repeated displacement of the petitioner within a short span of time without any demonstrable administrative exigency or public interest, clearly establishes the arbitrariness, mala fide intention and colourable exercise - 9 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 of statutory power. Hence, the impugned order passed by respondent No.2 is arbitrary and same is liable to be set aside. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned counsel for respondent Nos.1 to 4 submits that, the petitioner is working in Bidadi since from 14.02.2023 and transfer orders are being passed and the petitioner is repeatedly approaching this Court and obtaining the interim orders. Since from 14.02.2023, the petitioner is being continued in the same place and the impugned order of transfer passed by respondent No.2 is in administrative exigency and in the public interest. The petitioner has failed to establish that, the impugned order passed by respondent No.2 is mala fide and by an incompetent authority. The order of transfer is an incident of service and no employee has legal right to be posted at any place. Hence, he submits that the petitioner is guilty of suppression of material facts and the petitioner is abusing the process of law by - 10 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 repeatedly approaching this Court. Hence, the writ petition filed by the petitioner is liable to be dismissed with heavy costs. Hence, on these grounds, he prays to dismiss the writ petition. 7. Learned counsel for respondent No.5 submits that, the impugned order of transfer is in accordance with the Transfer Guidelines. The petitioner is guilty of the abuse of the process of law. Hence, on these grounds, he prays to dismiss the petition. 8. Perused the records and considered the submissions of the learned counsel for the parties. 9. It is an undisputed fact that the petitioner is the employee of respondent No.1-Corporation and is serving in the cadre of Assistant Engineer (Electrical). The petitioner was posted at 66/11 kV Electrical Sub-station, Kadugodi. Vide order dated 14.02.2023, the petitioner was transferred to the Operation and Maintenance Unit, Bidadi Sub-division, Bidadi. Since from 14.02.2023, the petitioner - 11 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 is working at Bidadi. The petitioner has assumed the charge at Bidadi on 27.02.2023 vide Annexure-E. After a lapse of more than two years, on 27.06.2025, the petitioner was transferred to Channapatna vide Annexure-F. The said transfer order was never implemented. The petitioner was reposted to the Works Unit, Bidadi instead of the Works Unit, Channapatna. The petitioner continued at the Operation and Maintenance Unit, Bidadi Sub-division, Bidadi. Respondent No.4, vide order dated 06.10.2025, transferred the petitioner to 66 kV Receiving Station, Yediyuru based on certain allegations. The petitioner, challenged the transfer order dated 06.10.2025 in WP No.31146/2025. On 24.10.2025, the Assistant Executive Engineer refused to accept the petitioner's joining report on the ground that, respondent No.4 was incompetent to pass a transfer order. On 05.11.2025, transfer order dated 06.10.2025 was withdrawn and the petitioner continued to work at the Operation and Maintenance Unit, Bidadi Sub-division, - 12 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 Bidadi. WP No.31146/2025 was disposed of vide order dated 07.11.2025 as having rendered infructuous. On 06.11.2025, the petitioner was transferred to 66/11 kV Receiving Station, Yediyuru based on certain allegations. The petitioner has challenged the said transfer order in WP No.336555/2025 and an interim order was granted by this Court. The said writ petition is pending for consideration. The petitioner continued at the Operation and Maintenance Unit, Bidadi Sub-division, Bidadi. On 15.07.2026, the impugned order of transfer came to be passed by respondent No.2, wherein the petitioner is posted to the place of respondent No.5 at 220 kV Receiving Station, Bidadi and vice versa. 10. The Division Bench of this Court in the case of Smt. Veena H.S., Vs. The State of Karnataka and Others1, has held that, if the order of transfer is made in bulk, it cannot be said that the department is mandated to 1 2024 SCC OnLine Kar 13691 - 13 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 place detailed reasons for transfer of each and every public servant. “9. … … Accordingly, further proceedings in the records clearly depicts that, the transfers of the petitioner was made pursuant to prior-approval accorded by the Chief Minister. Moreover, at the cost of repetition, we find it relevant to mention that, when an order of transfer is made in bulk, it cannot be said that the department is mandated to place detailed reasons for transfer of each and every public servant provided, the same shall be forthcoming when read in conjecture with their service records. Hence, we are not in congruence with the contention put forth by the petitioners.” 11. As the petitioner was transferred beyond the general transfer period and as per the Transfer Guidelines, and the petitioner is working in the same place since 2023, his tenure in the said place has come to an end. Despite the completion of his tenure, the petitioner continued in the same place of posting. The petitioner cannot claim any vested right to continue in the same place as per the Transfer Guidelines. In view of the completion of his tenure, the petitioner is not entitled to be continued in the - 14 - HC-KAR CNR: KAHC010504182026 NC: 2026:KHC:43249 WP No. 22515 of 2026 same place. The petitioner is abusing the process of law by approaching this Court repeatedly. The petitioner does not deserve any sympathy at the hands of this Court. The impugned order of transfer passed by respondent No.2 is in accordance with the Transfer Guidelines. Hence, I do not find any error in the impugned order of transfer. 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. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 25