Karnataka High Court
Sri L Manohar vs State Of Karnataka on 25 July, 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.15597 OF 2024 (S-KSAT)
BETWEEN:
SRI. L. MANOHAR
S/O G. LINGAIAH
AGED 46 YEARS
WORKING AS SENIOR LABOUR INSPECTOR
43RD CIRCLE, KARMIKA BHAVAN
BANNERGHATTA ROAD
BENGALURU-560 029
...PETITIONER
(BY Ms. NAYANA TARA B.G., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
DEPT. OF LABOUR
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001
2. COMMISSIONER OF LABOUR
KARMIKA BHAVANA
DAIRY CIRCLE
BANNERGHATTA ROAD
BENGALURU-560 029
3. LABOUR OFFICER
SUB-DIVISION-4
KARMIKA BHAVAN
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DAIRY CIRCLE
BANNERGHATTA ROAD
BENGALURU-560 029
4. SMT. SHASHIKALA D. GIDDIYAVAR
W/O RAMKRISHNA V. PADASALIMANI
AGED 47 YEARS
WORKING AS SENIOR LABOUR INSPECTOR
19TH CIRCLE, KARMIKA BHAVAN
BANNERGHATTA ROAD
BENGALURU-560 029
...RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R3;
SRI. JAYANTH DEV KUMAR, ADVOCATE FOR C/R4;
SRI. PRITHVEESH M.K., ADVOCATE FOR IMPLEADING
APPLICANT ON IA-1/2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS IN APPLICATION No.1412/2024 AT ANNEXURE-B ON
THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL AND ETC.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT ON 19.07.2024 AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT
PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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CAV JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed challenging the order dated 27.05.2024 of the Karnataka State Administrative Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal' for short) passed in Application No.1412/2024, allowing the fourth respondent's application, consequently setting aside the order bearing No.NGO-01/CR-62/2023-24 dated 15.03.2024 issued by the second respondent, insofar as the fourth respondent and the petitioner herein are concerned.
2. The relevant facts as stated in the writ petition are as follows:-
The Writ Petitioner was the fourth respondent in Application No.1412/2024 filed before the Tribunal. Initially, in the year 2002, the petitioner was appointed to the post of Labour Inspector in the Department of Labour, Government of Karnataka. In 2011, petitioner was promoted to the post of Senior Labour Inspector (Group 'C' post), presently he is working at 43rd circle, Bangalore since September, 2020.
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4 The fourth respondent is also currently working as Senior Labour Inspector at 19th Circle, Bangalore from July 2021.
3. The second respondent having taken prior approval from the Chief Minister issued a Government order dated 15.03.2024 and prematurely transferred the petitioner from 43rd circle, Bangalore to the post of fourth respondent i.e., 19th circle, Bangalore and the fourth respondent to the place of petitioner. The petitioner complied with the aforementioned order and reported for duty.
4. Aggrieved by transfer order dated 15.03.2024, the fourth respondent approached the Tribunal in Application No.1412/2024 on 16.03.2024. On 18.03.2024 the Tribunal granted an interim order in favour of fourth respondent and stayed the order dated 15.03.2024 on the ground that 'approval was not obtained from the Chief Minister'. The application filed by the fourth respondent was considered and the impugned order was passed by the Tribunal allowing the said application, as a result of which the order issued by the second respondent transferring the petitioner was also
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5 set aside. Against this order, the present petition has been preferred before this Court.
5. We have heard the learned counsel appearing on either side as well as the learned Additional Government advocate appearing for the official respondents.
6. The learned counsel appearing on either side would contend that the concerned officers i.e., writ petitioner and the fourth respondent have been working as Labour Officer and Senior Labour Officer in Circles within Bengaluru City itself since 2011. What was under challenge before the Tribunal was the order of transfer of the fourth respondent in this Writ Petition from Circle No.19 to Circle No.43 in the place of the writ petitioner herein. In view of the fact that the applicant before the Tribunal had been continuing in the same office for a considerably long period and since there is no allegation of mala fide vitiating the transfer or even regarding any inconvenience caused to the applicant, we are of the opinion that the Tribunal was not justified in having set aside the order of transfer. Though it is not disputed before us that the fourth respondent, who
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6 was the applicant before the Tribunal had been posted as Senior Labour Inspector, 19th Circle, Bengaluru only on 23.07.2021, it is clear that it was only from 39th Circle, she was transferred to 19th Circle in 2021. It is pertinent to note that even the controlling officer in respect of two circles remains the same even after the transfers.
7. The learned counsel appearing for the petitioner relied on a decision of this Court in Shekhrappa v. The State of Karnataka and others decided on 20.06.2024 in W.P.No.4969/2024 (S-KSAT) and contended that it is not in every case of premature transfer that interference would be justified. Though the learned counsel for the private respondent submits that the facts were entirely different in the decision relied on, it is clear that in the instant case also, there is no pleading of any convenience caused due to transfer.
8. In the said circumstances, we are of the opinion that this was not a case where the Tribunal should have exercised the jurisdiction on the ground of violation of the guidelines relating to transfer.
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9. Accordingly, we pass the following:
ORDER
(i) The writ petition is allowed.
(ii) The order of the Tribunal in Application No.1412 of 2024 dated 27.05.2024 shall stand set aside.
(iii) The Application shall stand dismissed.
Sd/-
(ANU SIVARAMAN) JUDGE Sd/-
(ANANT RAMANATH HEGDE) JUDGE cp*