Karnataka High Court
M.B. Chandrashekar vs Karnataka Power Transmission ... on 5 April, 2023
Bench: Chief Justice, M.G.S. Kamal
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WA No. 203 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 203 OF 2023 (S-TR)
BETWEEN:
M.B. CHANDRASHEKAR
S/O BASAVEGOWDA K.,
AGED ABOUT 47 YEARS
WORKING AS EXECUTIVE ENGINEER (ELECL)
PRESENTLY UNDER AN ORDER OF POSTING TO
T.C.D., CORPORATE OFFICE
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
K.G. ROAD
BENGALURU-560 009.
Digitally
...APPELLANT
signed by
SUMA B N (BY SRI. SHIVA PRASAD E., ADVOCATE)
Location:
High Court AND:
of
Karnataka
1. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED.,
HEAD OFFICE, CAUVERY BHAVAN
K.G. ROAD
BENGALURU-560009
REP. BY ITS MANAGING DIRECTOR
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WA No. 203 of 2023
2. BENGALURU ELECTRICAL
SUPPLY COMPANY LIMITED
CORPORATE OFFICE
K.R. CIRCLE
BENGALURU-560 001
REP. BY ITS MANAGING DIRECTOR
3. THE DIRECTOR (A AND HR)
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
HEAD OFFICE, CAUVERY BHAVAN
K G ROAD
BENGALURU-560 009.
4. MR. LOKESH B.C.,
EXECUTIVE ENGINEER (ELECTL)
(IN CHARGE ARRANGEMENT)
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
TCD, CORPORATE OFFICE
BENGALURU-560 099.
...RESPONDENTS
(BY SRI. A. CHANDRACHUD, ADVOCATE FOR R1 TO R3;
SRI. SATISH K., ADVOCATE FOR C/R4
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE
ENTIRE RECORDS PERTAINING TO WP No.25008/2022 (S-TR)
AND BE PLEASED TO PERUSE THE SAME ii) SET ASIDE THE
IMPUGNED FINAL ORDER DATED 06.01.2023 PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP
No.25008/2022 (S-TR) AND CONSEQUENTLY BE PLEASED TO
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WA No. 203 of 2023
ALLOW THE WP No.25008/2022 (S-TR) FILED BY THE
APPELLANT/ PETITIONER.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, M.G.S.KAMAL J., DELIVERED THE FOLLOWING:
JUDGMENT
This writ appeal is against common order dated
06.01.2023 passed in W.P.No.25008/2022(S-TR)
connected with W.P.No.25293/2022 (S-TR) by which writ
petition No.25293/2022 was allowed quashing the transfer
order dated 14.12.2022 and disposed of
W.P.No.25008/2022 without disturbing the transfer order
dated 09.12.2022 with a direction to the first respondent-
KPTCL to issue appropriate orders enabling the appellant
herein to report to duty as Executive Engineer, TCD
Corporate Office, BESCOM, Bengaluru.
2. The appellant herein was working as Executive
Engineer (Elect) in respondent No.1 -KPTCL effective from
17.04.2018 and has been discharging his duties as
WA No. 203 of 2023
Executive Engineer(Elect)(EE) at O & M Division,
Chandapura Sub-Division, BESCOM, Bengaluru. That the
respondent No.4 is working as Assistant Executive
Engineer(Elect) in the respondent No.1 -KPTCL and in
terms of Notification dated 15.03.2021 he has been placed
on officiating charge of post of Executive Engineer (Elect).
That the respondent No.3 issued the transfer order dated
09.12.2022 produced as Annexure-A to the writ petition
deputing and posting respondent No.4 to the post of the
appellant displacing the appellant from his occupied post.
Aggrieved by the same, appellant filed writ petition in
W.P.No.25008/2022.
3. In the meanwhile by another transfer order dated
14.12.2022 one Sri.P.R.Ashok, who was working as
Executive Engineer (Elect), Hosakote, BESCOM was
transferred to the post of Executive Engineer, TCD
Corporate Office, Bengaluru, a post which was held by
respondent No.4. Being aggrieved by the same, said
WA No. 203 of 2023
Sri.P.R.Ashok filed W.P.No.25293/2022 on the ground of
premature transfer.
4. Subsequent to filing of writ petition, by Official
Memorandum dated 10.01.2023 the appellant has been
posted to the post of TCD Corporate office, BESCOM,
Bengaluru. Taking note of the subsequent development
and also appreciating the submissions made on behalf of
the parties, by the impugned order, learned Single Judge
allowed W.P.No.25293/2022 and disposed of
W.P.No.25008/2022 filed by the appellant with the
directions as noted above. Aggrieved by the same, the
appellant is before this Court.
5. Sri.Shiva Prasad E., learned counsel for the
appellant reiterating the grounds urged in the
memorandum of appeal submits that the order of transfer
of appellant is beyond the general period of transfer and
without obtaining prior approval of the Hon'ble Chief
Minister for transferring or displacing the appellant without
WA No. 203 of 2023
showing him any place and posting. That the appellant
had been kept on compulsory waiting period which is in
violation of statutory rules of transfer guidelines 9b of the
Government order dated 07.06.2013 and Circular dated
27.03.2017. That the order of transfer is vitiated with
arbitrary exercise of power victimising the appellant. That
the subsequent issuance of posting order would not cure
the legal defect which infected the impugned orders of
transfer and accordingly the same ought to have been
quashed. Hence, seeks for allowing of the appeal.
6. Per contra, Sri.Chandrachud, learned counsel for
respondents 1 to 3 justifying the impugned order submits
that the only grievance of the appellant was that he was
transferred from his post without next posting which has
been addressed by permitting the appellant to report as
Executive Engineer, TCD Corporate Office, Bengaluru,
which is within same division. Besides, the appellant has
completed his tenure at Hosakote, as such no prejudice or
WA No. 203 of 2023
hardship could be caused. Hence seeks for dismissal of
appeal.
7. Heard. Perused the records.
8. The Learned Single Judge in the impugned order
adverting to the grievance of the appellant that he was
transferred without giving any posting, taking note of the
submissions made on behalf of respondent No.1-KPTCL
that the said defect has been cured by issuing an Official
Memorandum dated 10.01.2023 directing the appellant to
report/work as Executive Engineer, TCD Corporate Office,
Bengaluru which is within Bengaluru limits and also taking
note of completion of tenure of the appellant in the
previous post, has opined that the grievance of the
appellant has been redressed. Another important aspect
of the matter which the learned Single Judge has taken
note of is that the transfer orders impugned in the writ
petitions have emanated from the office of the Chief
Minister and that both the appellant as well as
WA No. 203 of 2023
Sri.P.R.Ashok have approached the elected representatives
seeking favours.
9. With the above observations and reasoning,
learned Single Judge passed the impugned order with
directions as noted above.
10. It is relevant at this juncture to note that in
terms of Clause 12 of the Government Order No.DPAR 22
STR 2013 dated 07.06.2013 there is a strict prohibition on
the part of the Government servants for bringing any
political pressure for transfer. The said clause is extracted
hereunder:
"12.Bringing political pressure regarding transfers:
Transfer cannot be claimed as a matter of right by
the Government servants. Bringing political
pressure for transfer is prohibited. If any
Government servant brings political pressure
regarding his posting to a particular place at any
time in contravention of the instructions contained
in Circular No.SI AA SU EE 26 SE NOU VA 93 dated
22.05.1993, Official Memorandum No.DPAR 41 STR
94 dated 05.08.1994 and Official Memorandum
No.SI AA SU EE 54 SE NOU VA 93 dated
19.12.1994 he shall be proceeded with accordingly.
It shall also be ensured that he is not posted to
such a post."
WA No. 203 of 2023
11. Though several grounds, as noted above, have
been urged on behalf of the appellant seeking interference
with the order passed by the learned Single Judge, it is
noted that learned Single Judge at paragraph 8 of the
impugned order has observed as under:
"8. Be this as it may be, it is seen from the original
file that Sri.B.C.Lokesh's transfer to the post held by
Sri.M.B.Chandrashekar has emanated from the office
of Hon'ble Chief Minister. It is also seen that
immediately after the Hon'ble Chief Minister's
approval for such transfer, Sri.M.B.Chandrashekar
has approached the elected representative from
Bengaluru South Assembly Constituency, and in fact,
both Sri.M.B.Chandrashekar and Sri.P.R.Ashok have
approached elected representatives.
Sri.M.B.Chandrashekar has completed his tenure and
his transfer from Hosakote to Bengaluru would be
within the same division and his grievance would be
readdressed if he is permitted to report to duty as
Executive Engineer, TCD Corporate Office, BESCOM,
Bengaluru."
12. In view of the aforesaid observation of learned
Single Judge, this Court by order dated 10.03.2023 had
directed learned counsel for respondents 1 to 3 for
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WA No. 203 of 2023
obtaining necessary records. Accordingly, original records
are placed for the perusal of this Court. On going through
the records, it is seen that the appellant has indeed
approached the concerned elected representative of the
constituency who had forwarded a requisition to the office
of the Hon'ble Chief Minister to continue the posting of the
appellant at BESCOM, Chandapura Division. Though on a
query by this Court in this regard, learned counsel for the
appellant pleads ignorance of the same, it is beyond the
comprehension as to why the elected representative of the
constituency would recommend the name of the appellant
to be continued in the same post, if he had not been
approached. In view of this fact situation and in view of
Clause 12 of Government order dated 07.06.2013
prohibiting such a move by Government servant, the
appellant cannot be permitted to raise challenge to the
impugned order on the premise of non compliance of the
said Government order.
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WA No. 203 of 2023
13. In that view of the matter, we are not inclined to
interfere with order passed by the learned Single Judge.
No infirmity or illegality can be found with the impugned
order. As such, the appeal is dismissed.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
SBN
