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2026 DAILYLAW 52335 (KAR)

SRI H M RAVINDRANATH S/O LATE H M VIRUPAKSHAIAH v. THE STATE OF KARNATAKA

WP/100282/2026 · 2026-01-14

B Muralidhara Pai, M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:434-DB WP No. 100282 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT PETITION NO.100282 OF 2026 (S-KAT) BETWEEN: SRI. H.M. RAVINDRANATH, S/O. LATE H.M. VIRUPAKSHAIAH, AGED ABOUT 57 YEARS, WORKING AS AUDIT OFFICER, OFFICE OF EXECUTIVE ENGINEER, PWD DIVISION, BAGALKOT NOW WAITING FOR POSTING VIDE KSAT ORDER DATED 06-01-2026 IN A.NO.10875/2025, R/O: SECTOR NO.27 PLOT NO.47E, NAVANAGAR, BAGALKOT – 587 103. …PETITIONER (BY SRI. MALLIKARJUN SHANKARAYYA HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2026:KHC-D:434-DB WP No. 100282 of 2026 VIDHANA SOUDHA, BENGALURU – 01. 2. THE CHIEF ENGINEER (C & B), NORTH OPP. D.C. OFFICE, DHARWAD – 01. 3. THE SUPERINTENDING ENGINEER, PWD CIRCLE, BELAGAVI, BELAGAVI – 01. 4. THE EXECUTIVE ENGINEER, PWD DIVISION, BAGALKOT, BAGALKOT DISTRICT – 01. 5. SRI. S.S. KUDAGI, S/O. SHANKRAPPA, AGED ABOUT 56 YEARS, WORKING AS AUDIT OFFICER, OFFICE OF EXECUTIVE ENGINEER, PWD DIVISION, BAGALKOT, R/O: SECTOR NO.23, PWD QUARTERS, NAVANAGAR, BAGALKOT – 587 103. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVT. ADV. FOR R1-R4 SRI. M.N. WARAD, ADVOCATE FOR C/R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO SET ASIDE/QUASH THE IMPUGNED ORDER, DATED 06.01.2026 IN 10875/2025, PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI BENCH, BELAGAVI, (ANNEXURE-C) AND CONSEQUENTLY DISMISS THE APPLICATION NO.10875/2025 FILED BY THE RESPONDENT NO. 5 AND ETC., - 3 - HC-KAR NC: 2026:KHC-D:434-DB WP No. 100282 of 2026 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) Respondent No.5 was working as an Audit Officer in Public Works Department Division of Bagalkote. The petitioner herein was transferred to the said post by virtue of the order 07.08.2025. This was challenged by respondent No.5 before the Karnataka State Administrative Tribunal (for short, ‘the KAT’) at Belagavi, in Application No.10875/2025. On the ground that no posting was provided to respondent No.5 herein, the application filed by respondent No.5 herein was allowed by the KAT by order dated 06.01.2026, and the following order is passed: “i) The application is allowed. ii) The impugned order bearing No.¯ÉÆÃE 258 J¸ï J¸ï PÉ dated 07.08.2025 passed by the 1st respondent vide Annexure A2 is set-aside. - 4 - HC-KAR NC: 2026:KHC-D:434-DB WP No. 100282 of 2026 iii) The respondents are at liberty to transfer the applicant at any time by giving a suitable posting in accordance with law.” Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that he is an Audit Officer and he has been validly transferred to the Public Works Department Division, Bagalkote. It is contented that respondent No.5 has completed minimum tenure in the said place and he is eligible to be transferred to a different place. It is further submitted that it is the responsibility of the Government to provide a posting for respondent No.5 and, for the mistake of the State, the petitioner should not be left without any posting. It is further submitted that the petitioner has been duly relieved from his earlier post, and the impugned order has the effect of rendering the petitioner without any post. On the said grounds, it is prayed that the writ petition be allowed and the impugned order be set aside. - 5 - HC-KAR NC: 2026:KHC-D:434-DB WP No. 100282 of 2026 3. Per contra, counsel for respondent No.5 justifies the order passed by the KAT and prays for dismissal of the writ petition. 4. Learned Principal Government Advocate, upon instructions, submits that, as on today, respondent No.5 has completed the minimum required period as an Audit Officer in the Public Works Department Division of Bagalkote and he is eligible to be transferred. He, further, submits that respondent No. 5 will be shown a suitable posting and only thereafter he will be relieved. He also submits that the petitioner shall be given charge of the Audit Officer, Public Works Department Division, Bagalkote, thereafter. 5. Both, the learned counsel for the petitioner as well as the learned counsel for respondent No.5 have no objection for the submission made by the State. Hence the following: ORDER. (i) Respondents No. 1 to 4 shall give necessary posting to respondent No.5 and relieve him - 6 - HC-KAR NC: 2026:KHC-D:434-DB WP No. 100282 of 2026 from the post of Audit Officer, Public Works Department, Bagalkote. (ii) Upon respondent No.5 being so relieved, the petitioner shall be posted as an Audit Officer, Public Works Department Division, Bagalkote. (iii) The said exercise shall be completed within a period of 15 days from the date of receipt of a certified copy of this order. (iv) Writ Petition stands disposed of accordingly. Pending interlocutory applications, if any, stand disposed of as not surviving for consideration. Sd/- (M.I.ARUN) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE KMS/ CT-ASC List No.: 1 Sl No.: 23