Karnataka High Court
Sri. R. L. Lamani S/O Lalappa vs The State Of Karnataka on 5 December, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
-1-
NC: 2023:KHC-D:14193-DB
WP No. 106537 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH 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. 106537 OF 2023 (S-KAT)
BETWEEN:
SRI. R. L. LAMANI S/O LALAPPA
AGED ABOUT 47 YEARS,
WORKING AS JUNIOR ENGINEER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
SUB-DIVISION NO. 5, BAGALKOT-587102
R/O #16 P.S. NO. 64
SRI SIDRAMESHWAR NILAY,
8TH CROSS, VIDYAGIRI,
BAGALKOT-587102
...PETITIONER
(BY SRI. SHARANABASAVARAJ.C.S., ADVOCATE)
Digitally
signed by AND:
SHIVAKUMAR
SHIVAKUMAR HIREMATH
HIREMATH Date:
2023.12.11
16:33:05
+0530
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF WATER RESOURCES,
VIKAS SOUDHA
BENGALURU-560006
2. THE CHIEF ENGINEER
DEPARTMENT OF WATER RESOURCE,
ANAND RAO CIRCLE,
BENGALURU-01
3. THE MANAGING DIRECTOR
KRISHNA BHAGYA JALA NIGAMA NIYAMITA ,
-2-
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WP No. 106537 of 2023
PWD OFFICE,
ANNEX BUILDING ,
3RD FLOOR,
K R CIRCLE. BENGALURU-01
4. THE CHIEF ENGINEER
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT-587102
...RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1 AND R2,
SMT. SURABHI KULAKARNI, ADVOCATE FOR R3,
SRI. G.K.HIREGOUDAR, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA, PRAYING TO A) ISSUE AN
APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI QUASHING THE IMPUGNED ORDER DATED. 11.10.2023
IN APPLICATION NO. 11061/2023 PASSED BY THE HON'BLE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI BENCH
AT BELAGAVI ANNEXURE-B AND CONSEQUENTLY ALLOW THE
APPLICATION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, S.SUNIL DUTT YADAV, J. PASSED THE
FOLLOWING:
ORDER
The petitioner has called in question the correctness
of the order of the tribunal, whereby, the application of the
petitioner calling in question the correctness of the order
dated 06.10.2023 at Annexure-A4 by virtue of which the
petitioner was posted from Sub-Division-05 of the
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Bagalkot Town Development Authority to Sub-Division-07,
had been challenged, which challenge was rejected.
2. The tribunal in its order had rejected the
application while observing that the posting from Sub-
division-05 to Sub-division-07, until further orders was an
internal arrangement and did not constitute an order of
transfer. It was further held that, there was no hardship
caused to the petitioner herein.
3. Limited facts for the purpose of disposal of the
application is that, the petitioner by order at Annexure-A1
dated 03.07.2023 was posted to Sub-division-05 of
Bagalkot Town Development Authority as Assistant
Engineer. Subsequently, he has reported to duty and in
terms of the order at Annexure-A4, the petitioner was
posted from Sub-division-05 of the same office to Sub-
division-07, until further orders.
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3. It is this order that is called in question which is
contended to be in violation of the transfer guidelines and
amounting to pre-mature transfer.
4. Heard both sides and perused the order of the
tribunal.
5. The question as to whether Annexure-A4
amounts to an order of transfer has been rightly rejected
by the tribunal? It must be noticed that, the Chief
Engineer is the Administrative Head insofar as Bagalkot
Town Development Authority is concerned. In terms of the
order at Annexure-A4, he has been posted from Sub-
division-05 to Sub-division-07 and it is not in dispute that,
both the sub-divisions comes under the administrative
control of the Chief Engineer who is respondent No.4 in
the present writ petition and both divisions comes under
the same office.
6. The transfer guidelines dated 07.06.2013 deal
with the definition of transfer under 3 (d) as follows:
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"3. Explanation: - In this order, unless the
context otherwise requires:
(a) .......
(b) .......
(c) .......
(d) 'Transfer' means the posting of a Government
servant from one headquarters to another
headquarters or from one office to another within the
same headquarters, to take up duties of a new post
or in consonance of a change of headquarters;
Note :- Movement of a Government servant within
the same office/unit from one post to another one or
desk / compilation to another one under the same
head office shall not be treated as transfer.
7. Reading of the entirety of the clause 3(d) would
require that, the note mentioned below, be given equally
weightage as the note is in the nature of an explanation. It
is clear that, posting within the same office or unit from
one post to another shall not be treated as transfer.
8. The Judgment passed in the case of
S.N.Gangadharaiah, K.A.S., Vs. The State of
Karnataka, reported in ILR 2015 Kar. 1955, deals with
the posting of a Government servant from one office to
another. However, in the present case, the factual
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scenario is different, as observed it is posting from one
sub-division to another sub-division in the same office.
Accordingly, we do not find any infirmity calling for
interference in the order of the tribunal. Hence, the
petition is rejected.
Sd/-
JUDGE
Sd/-
JUDGE
SVH
