- 1 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 1358 OF 2026 (S-KSAT) BETWEEN: SRI RAVI PRAKASH M B S/O BASAVARAJAPPA M.S., AGED ABOUT 43 YEARS, CHIEF OFFICER GRADE-II, TOWN MUNICIPAL COUNCIL, MALEBENNUR, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 530. (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 URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE - 560 001. 2. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH AND 10TH FLOOR, DR. AMBEDKAR VEEDHI, V.V. TOWERS, BANGALORE - 560 001. 3. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE - 577 001. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 4. SMT. NIRANJINI.H HUSBAND'S NAME NOT KNOWN TO PETITIONER, AGED ABOUT 46 YEARS, OFFICE MANAGER, TOWN MUNICIPALITY, HONNALI, DAVANAGERE DISTRICT-577 217 (UNDER ORDER OF TRANSFER AS CHIEF OFFICER ON OWN PAY SCALE), TOWN MUNICIPAL COUNCIL, MALEBENNUR, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 530. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA FOR R1 TO R3 SRI M VINAYA KEERTHY, ADV. FOR R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE CASE AND GRANT THE FOLLOWING RELIEFS ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION IN THE SIMILAR NATURE MODIFYING THE INTERIM ORDER DATED 07/01/2026 VIDE ANNEXURE-A PASSED IN APPLICATION NO.33/2026 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE BY STAYING THE OPERATION AND IMPLEMENTATION OF OFFICIAL MEMORANDUM BEARING NO.NAAE 155 TMS 2025 (E) DATED 29/12/2025 ISSUED BY THE 1ST RESPONDENT AUTHORITY VIDE ANNEXURE-A10 AND DIRECT THE 3RD RESPONDENT AUTHORITY TO PERMIT THE PETITIONER TO REPORT FOR DUTY AS CHIEF OFFICER GRADE-II, TOWN MUNICIPAL COUNCIL, MALEBENNURU, DAVANAGERE DISTRICT FORTHWITH AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE K.V.ARAVIND) The applicant in Application No.33/2026 before the Karnataka State Administrative Tribunal at Bengaluru (for short, “the Tribunal”) has approached this Court impugning the order dated 07.01.2026, whereby the Tribunal declined to grant an interim order of stay of the Office Memorandum dated 29.12.2025 (Annexure-A10). 2. The brief facts of the case are that the petitioner was promoted as Chief Officer, Grade-II, and was posted as Chief Officer, Malebennuru Town Municipal Council. The petitioner submitted a representation to the Deputy Commissioner, as per Annexure-A2, seeking permission to report to duty. However, he was not permitted to do so. Aggrieved thereby, the petitioner approached the Tribunal in Application No.5089/2025. By interim order dated 16.12.2025, the Tribunal directed the Deputy Commissioner to permit the petitioner to report to duty in terms of the order dated 05.12.2025. The said direction was not complied with. - 4 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 2.1 Subsequently, by Office Memorandum dated 29.12.2025 (Annexure-A10), respondent No.4, who is in the cadre of Office Manager, was posted to function as Chief Officer, Malebennur Town Municipal Council, in place of the petitioner. The petitioner, in turn, was posted as Chief Officer to Ankalagi, Akkathangihala Pattana Panchayath. The said Office Memorandum was assailed before the Tribunal in Application No.33/2026 with a prayer to stay its operation. Though notice was issued, no interim order was granted. Aggrieved by the refusal to grant interim relief, the petitioner has filed the present writ petition. 3. Sri Yogesh V. Kotemath, learned counsel appearing on behalf of Sri P.H. Virupakshaiah, learned counsel for the petitioner, submits that the petitioner was transferred as Chief Officer, Town Municipal Council, Malebennur. When the petitioner’s request seeking permission to report for duty was not considered, he approached the Tribunal, which passed an interim direction. 3.1 It is further submitted that, in disregard of the said interim direction issued by the Tribunal, the authorities issued - 5 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 an office memorandum posting respondent No.4 to function as Chief Officer, Town Municipal Council, Malebennur, and transferred the petitioner as Chief Officer to Akkathangihala Pattana Panchayath, Ankalagi. It is contended that respondent No.4 was ineligible to hold the post of Chief Officer, Grade-II, Town Municipal Council, Malebennur. It is also urged that the Tribunal committed an error in not granting an appropriate interim order in favour of the petitioner. 4. Sri V. Shivareddy, learned Additional Government Advocate appearing for respondent Nos.1 to 3, submits that the petitioner has not reported to duty as Chief Officer, Grade-II, Town Municipal Council, Malebennur, and has instead been posted as Chief Officer to Akkathangihala Pattana Panchayath, Ankalagi. It is contended that no prejudice has been caused to the petitioner on account of such posting. It is further submitted that the correctness and validity of the posting order issued to the petitioner are the subject matter of consideration before the Tribunal in the pending application. 5. Sri M. Vinaya Keerthy, learned counsel appearing for respondent No.4, submits that the petitioner is presently - 6 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 functioning as Chief Officer, Town Municipal Council, Malebennur, in terms of the office memorandum issued by the competent authority. 6. By order dated 30.01.2026, this Court observed that when an officer in the cadre of Chief Officer, Grade-II, had been posted as Chief Officer, Malebennur Town Municipal Council, he could not have been replaced by respondent No.4, who is in the cadre of Office Manager. Accordingly, while granting stay of the Office Memorandum dated 29.12.2025, this Court directed the first respondent–Secretary to file an affidavit explaining the circumstances under which the petitioner was not permitted to report to duty and as to how respondent No.4, though in the cadre of Office Manager, came to be posted as Chief Officer, Malebennur Town Municipal Council. 7. In compliance with the aforesaid order, respondent No.1– Secretary has filed an affidavit dated 09.02.2026, along with Office Memorandum dated 06.02.2026, permitting the petitioner to report to duty as Chief Officer, Malebennur Town Municipal Council. On perusal of the affidavit, we notice that - 7 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 contradictory stands have been taken in paragraphs 9 and 10 thereof, which read as under: "9. I state that, the petitioner cannot claim transfer as a matter of right. The Government is always at liberty to transfer its servants under exigencies of service and it is a settled position of law that an order of transfer of a civil servant is not only an incidence of service, but also an implied condition of service. 10. I state that, after getting the direction from this Hon'ble Court, the 3rd respondent as per the order dated 05.12.2025 has permitted the petitioner to report to the post of Chief Officer, Town Municipal Council, Malebennuru on 06.02.2026 vide Official Memorandum dated 06.02.2026, which is produced herewith as Annexure-R1 and also the petitioner has taken the charge of the said post on 06.02.2026 vide the letter dated 06.02.2026, which is produced herewith as Annexure-R2. The respondent State is committed to comply with any directions or orders that might be passed by this Hon'ble Court in the above petition." 8. In view of the apparent contradiction between paragraphs 9 and 10 of the affidavit, and at the request of the learned - 8 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 Additional Government Advocate, Sri V. Shivareddy, an opportunity was granted to file a revised affidavit. 9. Today, i.e., 11.02.2026, a further affidavit dated 11.02.2026 has been filed by respondent No.1. In the said affidavit, reference is made to the contradiction noticed in paragraphs 9 and 10 of the earlier affidavit, and it is stated that paragraph 9 was incorporated therein by oversight in the affidavit dated 09.02.2026. However, the contradiction arising from paragraphs 9 and 10 has not been expressly withdrawn or clarified in the affidavit filed today. 10. The petitioner by a OM dated 06.02.2026 has been posted as Chief Officer, Malebennur Town Municipal Council. In view of the grievance of the petitioner having been redressed by permitting him to report to duty as Chief Officer, Malebennur Town Municipal Council, the petition does not survive for further consideration. 11. At this stage, Sri M. Vinaya Keerthy, learned counsel appearing for respondent No.4, submits that respondent No.4 was posted in place of the petitioner by Office Memorandum - 9 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 dated 29.12.2025 and has accordingly reported to the said post. It is further submitted that, in view of the subsequent Office Memorandum dated 06.02.2026 permitting the petitioner to report to the said post, respondent No.4 is presently left without any posting. 12. Learned Additional Government Advocate, Sri V. Shivareddy, submits that if reasonable time is granted, respondent No.4 will be issued an appropriate posting order. The submission is accepted and respondent-authorities are directed to give suitable posting to respondent No.2 within four weeks from today. 13. Before parting, we deem it appropriate to observe that the flouting of the Rules in posting eligible officers was specifically brought to the notice of the Secretary. The Secretary’s attention was invited to such irregularities and also to the disobedience to the order of the Tribunal, with the hope and expectation that corrective measures would be taken. However, on a reading of paragraphs 9 and 10 of the affidavit, we are constrained to observe that the Secretary, on the one hand, has sought to contend that it is within the authority to - 10 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 post an Office Manager to the post of Chief Officer, Malebennur Town Municipal Council, even when a cadre officer, namely, a Chief Officer, Grade-II, is available. 13.1 It is also to be noted that, despite the petitioner having been posted as Chief Officer, Malebennur Town Municipal Council, he was not permitted to report to duty. Further, the interim direction issued by the Tribunal directing that the petitioner be permitted to report to duty was blatantly disregarded. Consequently, another Office Memorandum dated 29.12.2025 (Annexure-A10) came to be issued, transferring the petitioner to another place. 14. The conduct of the authorities, as noticed above, prima facie discloses disobedience of the orders of the Court, and the affidavit filed before this Court reflects a casual approach. When affidavits are filed by the senior officers such as the Secretary of the State Government, it should act as a guiding principle to the authorities and impress upon them the seriousness of the court proceedings. The casual approach in handling court matters should be avoided. However, with the hope and expectation that, in future, the authorities of the - 11 - HC-KAR NC: 2026:KHC:8244-DB WP No. 1358 of 2026 State Government will exercise caution and responsibility while filing affidavits before the Court, we refrain, though reluctantly, from making any further adverse observations or imposing costs. 15. With the above observations, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 26