M. GANGADHAR v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
WP/21940/2026 · 2026-08-31
Ashok S Kinagi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 37842 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37842 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010487222026 NC: 2026:KHC:47124 WP No. 21940 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 21940 OF 2026 (S-TR) BETWEEN:
M. GANGADHAR, AGED ABOUT 48 YEARS, S/O LATE MARAPPA, WORKING AS JUNIOR ENGINEER (ELE.), O AND M UNIT, MUNNEKOLALA, S-7 SUB-DIVISION, BESCOM-560073 …PETITIONER (BY SRI. 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.
3.
EXECUTIVE ENGINEER (ELE), BESCOM, NO. 6, 7TH MAIN ROAD, 80 FEET ROAD, KORMANGALA, BENGALURU - 560034
Digitally signed by SHILPABAI S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010487222026 NC: 2026:KHC:47124 WP No. 21940 of 2026
4. MANJUNATH.K MAJOR BY AGE, WORKING AS JUNIOR ENGINEER (ELE.), O AND M UNIT, NAGAWARA-2, 9TH EAST SUB-DIVISION, BESCOM BANGALORE EAST CIRCLE-560 043
…RESPONDENTS (BY SRI. CHANDRACHUD A, ADVOCATE FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 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.89 AND 4TH RESPONDENT AT SERIAL NO.88 ARE CONCERNED, ISSUED BY THE 2TH RESPONDENT BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND GRANT ALL CONSEQUENTIAL BENEFITS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
1. The petitioner has filed this writ petition seeking for 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.89 and 4th respondent at serial no.88 are
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HC-KAR
CNR: KAHC010487222026 NC: 2026:KHC:47124 WP No. 21940 of 2026
concerned, issued by the 2th respondent by issue of a writ in the nature of certiorari and grant all consequential benefits.
b) 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.
2. The facts leading rise to file this petition are as follows: 2.1 The petitioner took charge as O&M unit, Munnekolala S- 7, Sub-Division, BESCOM on 30.12.2024 and the tenure of four years ends on 30.12.2028. On 13.04.2026, 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 for
31.05.2026. On 16.04.2026, the respondents adopted the transfer guidelines dated 13.04.2026. The State Government extended the period of general transfer from 15.07.2026, notwithstanding the fact that 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 Transfer Guidelines, respondent No. 2 issued the impugned
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HC-KAR
CNR: KAHC010487222026 NC: 2026:KHC:47124 WP No. 21940 of 2026
order of transfer. The name of the petitioner is shown at serial number 89. The petitioner aggrieved by the order of transfer has filed this writ petition.
3. The respondents filed statement of objections, contending that the writ petition is misconceived, baseless and is liable to be dismissed in limine and it is contented that the petitioner having completed the minimum tenure of working in the same place as per the transfer guidelines. The petitioner has no locus standi to maintain the writ petition. It is contented that the petitioner is working in the cadre of Group C post where minimum tenure is fixed at four years and the petitioner is working in the same place for about five years, as such the present petition is liable to be dismissed.
4. It is contended that the petitioner is guilty of suppression of material facts and the petitioner is not coming to the Court with the clean hands. It is contented that the petitioner was earlier working as O&M Unit, Govindapura, 9th East Sub Division, BESCOM and by virtue of an official memorandum dated 06.08.2021, the petitioner was transferred to O&M unit,
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HC-KAR
CNR: KAHC010487222026 NC: 2026:KHC:47124 WP No. 21940 of 2026
Munnekolala, S-7 Sub Division, BESCOM. The petitioner by virtue of the said official memorandum has relieved the charges from the earlier posting place on 21.08.2021 and he has assumed charge in the said post on the very same day i.e., on
21.08.2021. It is contended that the order of transfer is in accordance with the transfer guidelines. Hence, on this ground he prays to dismiss the petition.
5. Heard the learned counsel for the petitioner and learned counsel for the respondents.
6. The learned counsel for the petitioner submits that the petitioner was transferred on 14.07.2026 wherein the transfer out of his post is premature one. Hence, on this ground, she prays to allow the writ petition.
7. Per contra, learned counsel for the respondents submits that the petitioner is working in the same place for more than five years and the transfer order is in accordance with the transfer guidelines. Hence, he prays to dismiss the writ petition.
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HC-KAR
CNR: KAHC010487222026 NC: 2026:KHC:47124 WP No. 21940 of 2026
8. Peruse the records and considered the submissions of the
learned counsel for the parties.
9. It is an undisputed fact that the petitioner is working in the present place since from 21.08.2021 and he was transferred as per the Official Memorandum dated 06.08.2021 at O&M unit, Munnekolala S-7 Sub Division, BESCOM and the petitioner discharging his duties for the last more than five years in the same place. The respondent No.1 to 3 considering the transfer of guidelines wherein the minimum tenure of group - C employee is four years has passed the impugned
order transferring the petitioner. The order of transfer issued by the respondent No.2 is in accordance with the transfer guidelines. Hence, I do not find any grounds to entertain this writ petition. Accordingly, I proceed to pass the following:
ORDER
Writ petition is dismissed.
Sd/- (ASHOK S.KINAGI) JUDGE
BS - List No.: 1 Sl No.: 57