Karnataka High Court
Sri Sangappa Shivappa Soraganvi S/O ... vs The State Of Karnataka on 20 December, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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WP No. 105873 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT PETITION NO. 105873 OF 2023 (S-KAT)
BETWEEN:
SRI. SANGAPPA SHIVAPPA SORAGANVI
S/O SHIVAPPA,
AGED ABOUT 41 YEARS,
PANCHAYAT DEVELOPMENT OFFICER,
KULAHALLI GRAMA PANCHAYAT,
RABAKAVI BANAHATTI TALUK,
BAGALKOT DISTRICT,
R/AT. AT POST. HIPPARAGI,
RABAKAVI -BANAHATTI TALUK 587311.
BAGALKOT DISTRICT
Digitally
signed by
SHIVAKUMAR
SHIVAKUMAR HIREMATH
...PETITIONER
HIREMATH Date:
2023.12.21
(BY SRI. SHARANABASAVARAJ.C.S., ADVOCATE)
15:13:21
+0530
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
RURAL DEVELOPMENT AND PANCHAYAT RAJ
DEPARTMENT, M. S. BUILDING,
BAGALORE - 5600001.
2. THE DIRECTOR (ADMN -1),
PANCHAYATH RAJ COMMISSIONERATE,
RURAL DEVELOPMENT AND
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WP No. 105873 of 2023
PANCHAYAT RAJ DEPARTMENT,
KALIDAS MARG, GANDHINAGAR,
BENGALURU - 560001.
3. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT,
BAGALKOT DISTRICT - 562159.
4. THE EXECUTIVE OFFICER,
TALUK PANCHAYAT,
RABAKAVI BANAHATTI TALUK,
BAGALKOT DISTRICT - 562159.
5. SRI. RAJU MALLAPPA MUGALKHOD,
AGE: MAJOR,
PANCHAYAT DEVELOPMENT OFFICER,
THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT,
BAGALKOT DISTRICT 562159,
(WAITING FOR POSTING)
6. SRI. CHANNAPPA HIREKURABAR.
AGE: MAJOR,
PANCHAYAT DEVELOPMENT OFFICER,
MOOTTALGERI GRAMA PANCHAYAT,
BADAMI TALUK,
BAGALKOT DISTRICT - 587201.
...RESPONDENTS
(BY SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 TO R3;
SRI. BHUSHAN B.KULKARNI, ADV. FOR R4;
NOTICE TO R5 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
AN APPROPRIATE WRIT, ORDER OR DIRECTION IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER
DATED 16.09.2023 IN APPLICATION NO.10921/2023 PASSED
BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL BELAGAVI BENCH AT BELAGAVI ANNEXURE-B AND
CONSEQUENTLY ALLOW THE APPLICATION.
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WP No. 105873 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, S.SUNIL DUTT YADAV, J., MADE THE
FOLLOWING:
ORDER
The petitioner who belongs to Group-C post was
posted as Public Development Officer (PDO), Kulahalli by
order dated 23.06.2021. It is submitted that by order at
Annexure-A3 dated 11.09.2023, he was transferred to
Saidapur Gram Panchayat as PDO. It is submitted that in
light of security of tenure of four years as is available for
Group-C Posts, the transfer is premature. It is further
submitted that the transfer guidelines have not been
followed and approval of the Chief Minister has not been
obtained as required in case of premature transfer.
2. Perused the order of the Tribunal. The Tribunal
by its order recorded finding that, order of transfer at
Annexure-A3 is passed with approval of the Chief Minister
in public interest and on ground of administrative exigency
and accordingly, has refused to interfere with the said
order.
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3. Heard both sides. It is noticed that, in terms of
the transfer guideline No.9, in the event of premature
transfer, the transfer order requires approval of the Chief
Minister. Further, in light of the judgment of the Division
Bench of this Court in the case of RAJASHEKAR M. VS.
THE STATE OF KARNATAKA AND OTHERS1, it is clear that,
it is not only the approval of the Chief Minister but reasons
are required to be assigned by the Competent Authority.
Relevant observation is found at paragraph Nos.6 and 7 of
the judgment in the case of RAJASHEKAR (supra) which
are extracted below:
"6. As could be seen from para 9 of the Government
Order extracted above, premature/delayed transfer of
Government servants is permitted in the circumstances
stated in para 9(a)(i) to (viii) with the prior approval of
the Chief Minister. It requires the competent authority
to record reasons stating as to how the case would fall
under any of the circumstances stated in para 9(a) (i)
to (viii) of the Government Order to warrant
premature/delayed transfer of a Government servant
and the said reasons have to be placed before the Chief
Minister to obtain his prior approval as mandated in
para 9(b) of the Government Order. After perusal of
the reasons, if the Chief Minister is satisfied that the
case would fall under any of the circumstances stated
2019 (2) KLJ 352
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in para 9(a)(i) to (viii) of the Government Order, only
then the Chief Minister may give his prior approval for
premature/delayed transfer of the Government
servant. If prior approval is given by the Chief Minister
for transfers not falling under any of the circumstances
stated in para 9(a)(i) to (viii) of the Government Order,
it will be invalid in law and any premature/delayed
transfer made pursuant thereto will be illegal and
hence is liable to be set aside.
7. Learned Additional Government Advocate
appearing for State of Karnataka fairly submitted that
prior approval of the Chief Minister was not preceded
by recording of any reasons by the Competent
Authority to show that the premature transfer of the
petitioner and respondent No.4 would fall under any of
the circumstances stated in para 9(a)(i) to (viii) of the
Government Order. Hence, we find no error in the
order of the Tribunal in setting aside the order of
transfer as it was contrary to para 9 of the Government
Order laying down guidelines for transfer of
Government servants."
4. Perused the records submitted by the learned
AGA. It is clear that, no reasons are assigned. Though
order of approval of the Chief Minister it is stated has been
obtained, on the sole ground of non assignment of any
reasons taking note of the observations made in the
Rajshekar's case, the order of the KAT is well as order of
transfer at Annexure-A3 are to be set aside. Parties are
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consequently directed to be restored to their place of
posting earlier to the impugned order.
5. Accordingly, the writ petition is disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
RH
