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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
AND
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
W.P.NO.11722/2020 (S-KSAT)
BETWEEN:
Sri Dinesh B M
S/o Mariyanna C
Aged about 37 years
Working as Panchayat Development Officer
Office of the Panchayat Development Officer
Thyamagondlu Gram Panchayat
Nelamangala Taluk
Bengaluru Rural District
Bengaluru - 562 123
...Petitioner
(By Sri Prithveesh M K, Advocate)
AND:
1. The State of Karnataka
Represented by its
Principal Secretary
Department of Rural
Development and Panchayat Raj
M.S.Building, Dr. Ambedkar Veedhi
Bengaluru - 560 001
2. The Chief Executive Officer
Bengaluru Rural Zilla Panchayat
Chapparada Kallu
2
Devanahalli-Doddaballapur Road
Bengaluru Rural District
Bengaluru - 562 110
3. Sri Raveendra S V
S/o P.Venkatappa
Aged about 36 years
Working as Panchayat Development Officer
Office of Panchayat Development Officer
Sompura Gram Panchayat
Nelamangala Taluk
Bengaluru Rural District
Bengaluru - 562 110
...Respondents
(By Sri B.O.Anil Kumar, Advocate for C/R3;
Smt. Shilpa S Gogi, HCGP for R1 and R2)
This writ petition is filed under Articles 226 and 227
of Constitution of India praying to call for records
pertaining to the impugned judgment and orders dated
17.12.2019 and 10.03.2020 passed in Application
No.6003/2019 and Review Application No.2/2020
respectively, both of which are passed by the Karnataka
State Administrative Tribunal at Bengaluru vide
Annexure-A and B, set aside the impugned judgment
and orders dated 17.12.2019 and 10.03.2020 passed in
Application No.6003/2019 and Review Application
No.2/2020 respectively, by the Karnataka State
Administrative Tribunal at Bengaluru vide Annexure-A
and B and consequently allow the said Application
No.6003/2019 as prayed for by the petitioner before the
Tribunal (Annexure-C to the writ petition), etc.
This writ petition coming on for hearing-
interlocutory application this day, Aravind Kumar, J,
made the following:
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ORDER
Heard learned Advocates appearing for the parties. Perused the records.
2. Petitioner being aggrieved by the order dated 17.12.2019 passed in Application No.6003/2019 is before this Court.
3. Petitioner who was promoted to the post of Panchayat Development Officer on 03.03.2014 (Annexure-A1) was posted to Nalluru Gram Panchayat, Devanahalli Taluk and retained his earlier post at Shivagange Gram Panchayat, Nelamangala Taluk. By notification dated 04.09.2017 (Annexure-A2) petitioner was transferred and posted to Sompura Gram Panchayat, Nelamangala Taluk and took charge of the said post.
4. It is an undisputed fact that said post is a Group-C post and under the extant transfer guidelines dated 07.06.2013 the fixed tenure is 4 years. However by order dated 30.09.2019 (Annexure-A3), 3rd 4 respondent who was working at Thyamagondlu Gram Panchayat was transferred and posted to the place of petitioner, namely, Sompura Gram Panchayat as Panchayat Development Officer. No posting was given to the petitioner. Being aggrieved by the said order dated 30.09.2019, Application No.6003/2019 referred to supra was filed. Tribunal by order dated 04.10.2019 (Annexure-A2), granted an interim order of stay. In fact on the said date i.e., on 04.10.2019 (Annexure-A6), the second respondent had passed an order transferring the 3rd respondent to the place of petitioner and vice-versa. This fact was not within the knowledge of the Tribunal.
5. Be that as it may. Tribunal seems to have gone on tangent while passing impugned order. We say so for the reason that on appearance of 3rd respondent before the Tribunal, applicant as well as the 3rd respondent started making allegations against each other and taking note of the fact that there was a disciplinary proceedings initiated against the petitioner herein and he was facing charges, though held that 5 impugned order was premature did not interfere with the same on the ground of the enquiry proceedings having concluded and report was yet to be filed before the disciplinary authority by the enquiry officer. In fact the enquiry officer had already submitted his report on 06.09.2019 itself and had exonerated the petitioner of all charges. This was also highlighted by the petitioner in Review Petition filed before the Tribunal.
6. The petitioner would also not dispute the fact that while working in Sompura Gram Panchayat, he had worked as in-charge Panchayat Development Officer for a period of two years i.e., from 2015 to 2017 and subsequently from the date of order dated 04.09.2017 (Annexure-A2) till the interim order came to be passed on 04.10.2019 i.e., for a period of two years. Thus in effect the petitioner has worked in Sompura Gram Panchayat for four years and even otherwise the order of posting of 3rd respondent by O.M. dated 30.09.2019 (Annexure-A3) would clearly indicate that it has received the approval of the Chief Minister. Thus, the order of 6 transferring the third respondent to the place of petitioner, namely, as Panchayat Development Officer of Sompura Gram Panchayat was in accordance with the transfer guidelines dated 07.06.2013 and there was no infraction by the competent authority of the said guidelines.
7. Though a valiant attempt was made by Sri Prithveesh M K, learned counsel for the petitioner to contend that order of transfer dated 04.10.2019 posting the petitioner to the place of third respondent has not received the approval of the Chief Minister, we are not inclined to accept the same in as much as in the very same order dated 04.10.2019 (Annexure-A6) there is a clear reference to the order dated 30.09.2019 (Annexure- A3) wherein the Chief Minister has approved the transfer of 3rd respondent to Sompura Gram Panchayat. As such said contention also falls to the ground. For the reasons afore-stated we are of the considered view that there is no merit in the writ petition and hence we proceed to pass the following:
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ORDER
(i) Writ Petition is dismissed.
(ii) Order dated 17.12.2019 (Annexure-A) passed in Application No.6003/2019 is affirmed.
(iii) No order as to costs.
All pending applications stand consigned to records.
Sd/-
JUDGE Sd/-
JUDGE Kmv/-