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2026 DAILYLAW 34855 (KAR)

SRI PRASANNA KUMAR v. STATE OF KARNATAKA

WP/24219/2026 · 2026-08-07

K Manmadha Rao, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010537102026 NC: 2026:KHC:41838-DB WP No. 24219 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 24219 OF 2026 (S-KSAT) BETWEEN: SRI PRASANNA KUMAR S/O CHIKKAMALLAPPA AGED ABOUT 37 YEARS, WORKING AS GEOLOGIST OFFICE OF SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY III FLOOR, D C OFFICE COMPLEX CHAMARAJANAGAR-571313 R/AT NO.38, MOOKAHALLI VILLAGE, HONGALLI POST, GUNDLUPETE TALUK CHAMARAJANAGAR DISTRICT-571111 (UNDER ORDER OF TRANSFER). …PETITIONER (BY SRI. YOGESH V KOTEMATH, ADV. FOR SRI VIRUPAKSHAIAH P.H., ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BANGALORE-560001. 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAWAN RACE COURSE ROAD BANGALORE-560001. Digitally signed by NANJUNDACHARI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010537102026 NC: 2026:KHC:41838-DB WP No. 24219 of 2026 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY NO.316 AND 317 3RD FLOOR, DC OFFICE COMPLEX, CHAMRAJANAGAR-571313. …RESPONDENTS (BY SRI. V SHIVA REDDY, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION IN THE SIMILAR NATURE QUASHING THE INTERIM ORDER DATED 27.07.2026 PASSED IN APPLICATION NO.3330/2026 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE VIDE ANNEXURE-A BY STAYING THE OPERATION AND IMPLEMENTATION OF TRANSFER ORDER DATED 20.07.2026 BEARING NO. GABHUE/SIBBANDI/AA1/VARGAVANE/2026 PASSED BY THE 2ND RESPONDENT AUTHORITY VIDE ANNEXURE-A4 IN SO FAR AS IT RELATES TO POSTING THE PETITIONER AT SI. NO.62 IS CONCERNED AND TO CONTINUE THE SERVICES OF THE PETITIONER AS GEOLOGIST, OFFICE OF THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, CHAMARAJANAGAR AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR CNR: KAHC010537102026 NC: 2026:KHC:41838-DB WP No. 24219 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner working as Geologist in the Mines and Geology Department is before this Court against the interim order dated 27.07.2026 in Application No.3330/2026 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), rejecting the petitioner’s prayer to stay the transfer office order dated 20.07.2026 (Annexure-A4). 2. Heard learned counsel Sri.Yogesh V. Kotemath for Sri.Virupakshaiah.P.H., learned counsel for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondents. Perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that though the petitioner has completed his tenure at Chamarajanagar where he is presently working approached the Tribunal questioning the transfer office - 4 - HC-KAR CNR: KAHC010537102026 NC: 2026:KHC:41838-DB WP No. 24219 of 2026 order dated 20.07.2026, wherein the petitioner was transferred to Vijayapura only on one ground that the petitioner is an elected as office-bearer of the Karnataka State Government Employees Association, Chamarajanagar District Branch. Learned counsel would submit that the Tribunal failed to take note of the same while considering the interim prayer of the petitioner. Learned counsel would further submit that no one is posted to the place of the petitioner and the post to which, the petitioner is posted is also vacant post. Therefore, the Tribunal taking note of the same ought to have granted interim order. 4. Per contra, learned Additional Government Advocate Sri.V.Shivareddy would submit that the contention of the petitioner is to be considered by the Tribunal at the time of disposal of the Application and at the stage of considering interim prayer, the Tribunal rightly held that any nomination is made as an office - 5 - HC-KAR CNR: KAHC010537102026 NC: 2026:KHC:41838-DB WP No. 24219 of 2026 bearer by the President of the District Unit or Taluk Unit requires the prior approval of the State President, which fact is to be verified on appearance of the respondents. 5. The contention raised by the petitioner with regard to, he being office-bearer of the Karnataka State Government Employees Association is to be considered by the Tribunal at the time of final disposal. We do not find any error at this stage to interfere with the impugned order passed by the Tribunal. Accordingly, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE NC CT:bms List No.: 1 Sl No.: 21