Karnataka High Court
Dr. Chandrahas D Vernekar S/O ... vs The State Of Karnataka on 9 January, 2023
Bench: K.Somashekar, Umesh M Adiga
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WP No. 105503 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT PETITION NO. 105503 OF 2022 (S-KAT)
BETWEEN:
DR. CHANDRAHAS D VERNEKAR
S/O DATTARAYA S
AGE. 48 YEARS,
OCC. ASSISTANT CONSERVATOR OF FORESTS,
OFFICE ADDRESS WORKING PLAN, DHARWAD,
FOREST COMPOUND, KC PARK, DHARWAD,
R/O. HOUSE NUMBER 243. 5TH CROSS,
AKASHAY COLONY, 2ND PHASE,
VIDYANAGAR, HUBBALLI-580030
...PETITIONER
(BY SRI. MADAN DESHPANDE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS ADDITIONAL CHIEF SECRETARY,
FOREST ENVIRONMENT AD
ECOLOGY DEPARTMENT,
Digitally signed
ROOM NO.442, 4TH FLOOR, GATE NO.2,
by
MOHANKUMAR
B SHELAR
MOHANKUMAR
B SHELAR
Date:
2023.01.13
10:58:38 +0530
M.S. BUILDING, VIDHANASOUDHA,
BENGALURU-560001
2. SRI. IBRAHIM YAKUNDI S/O. MOHAMMADISMAIL
AGE. 52, OCC. ASSISTANT CONSERVATOR OF
FORESTS,
OFFICIAL ADDRESS - SOCIAL FORESTRY SUB
DIVISION,
CHIKKODI, DISTRICT. BELAGAVI-591201
-2-
WP No. 105503 of 2022
R/O. 45, KALMESHWAR COLONY,
SAIDAPUR, DHARWAD-580008
...RESPONDENTS
(BY SRI. G.K.HIREGOUDAR, GA FOR RESONDENT NO.1)
THIS WP IS FILED UNDER ARICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER QUASHING
THE JUDGMENT AND ORDER PASSED BY THE KARNTAKA STATE
ADMINISTRATIVE TRIBUNAL BELAGAVI IN APPLICATION NO.
11262/2022 DATED 16.11.2022 (ANNEXURE-A) AND DIRECT THE
RESPONDENT NO. 1 TO CONTINUE THE SERVICES OF THE
PETITIONER AS ASSISTANT CONSERVATOR OF FOREST, WORKING
PLAN DHARWAD, FOREST COMPOUND, DHARWAD SINCE THE ORDER
PASSED BY THE TRIBUNAL IS ILLEGAL, ARBITRARY AND CANNOT BE
SUSTAINED IN THE EYE OF LAW AND GRANT ALL THE
CONSEQUENTIAL BENEFITS CONSEQUENT UPON QUASHING THE
ORDERS AT ANNEXURE-A. B) ISSUE A WRIT OF MANDAMUS OR ANY
OTHER APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING THE
RESPONDENTS TO NOT TO IMPLEMENT THE TRANSFER OFFICE
ORDER NO. FEE 292 FEG 2022 (E) DATED 29.10.2022 (ANNEXURE-
A9) ISSUED BY THE 1ST RESPONDENT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR J., MADE THE FOLLOWING:
ORDER
In this writ petitioner, the petitioner is seeking the
relief of a writ of certiorari and also an appropriate order
quashing the judgment and order passed by the Karnataka
Administrative Tribunal, Belagavi, in Application
No.11262/2022 dated 16.11.2022 vide Annexure-A and also
sought writ of mandamus and an order directing the
respondents not to implement the transfer order vide
WP No. 105503 of 2022
Annexure-A9 and in addition to that, a relief is sought
seeking direction to the respondents to pay the costs of this
proceedings.
2. Heard learned counsel Sri. Madan Y. Deshpande
for the petitioner and the learned Government Advocate for
respondent No.1/State.
3. The learned counsel for the petitioner has taken
us through the grounds which are urged in this petition
challenging the order passed by the Karnataka
Administrative Tribunal, Belagavi, vide Annexure-A. The
learned counsel has further taken us through the transfer
order which is passed by the competent authority, which is a
premature transfer and submits that there is no specific
order obtained by the Hon'ble Chief Minister which is
mandatory and reasons have to be recorded in writing as per
clause 7(iii) of the Transfer Policy dated 07.06.2013, which
has not been followed. The transfer order issued by the
competent authority is contrary to the judgment rendered by
this Court in Writ Petition No.14860/2022 in the case of
Murthy v. The State of Karnataka and others disposed of on
WP No. 105503 of 2022
18.08.2022. On these grounds, the petitioner has sought
intervention and sought relief in the nature of certiorari and
mandamus.
4. Learned Government Advocate for respondent
No.1/State submitted that, the impugned order is passed by
the Karnataka Administrative Tribunal, Belagavi, vide
Annexure-A, taking into consideration the grounds urged by
both the counsel in the aforesaid application and also on
examination of the entire records relating to the documents
which were facilitated. He further submitted that there is no
dispute that the applicant, who is the petitioner herein, was
discharging his duty as a Range Forest Officer at Research
Range, Dharwad in the 1st respondent Department. He
further submitted that, the it is an admitted fact that the
applicant has taken charge of the post as an Assistant
Conservator of Forests on 23.01.2020 and he has already
completed the period of which is two months less to three
years. It is the relevant fact that, working plan in various
divisions was introduced for the scientific management of the
vast forest resources of the respective divisions namely
WP No. 105503 of 2022
Haliyal, Haveri, Karwar, Dharwad, Gadag and Honnavar. The
Government has posted some of the Special Officers to
prepare working plan and to complete the same within the
time frame. He further submitted that, keeping in view the
materials which were facilitated by the applicant and the
transfer guidelines, the Tribunal has passed the impugned
order dismissing the application of the petitioner and there is
no substance or justifiable reason for interference by this
Court. Hence, the learned Government Advocate sought for
dismissal of the petition as being devoid of merits.
5. Having regard to the contentions urged by the
learned counsel for the petitioner and so also the learned
Government Pleader for respondent No.1/State and the
materials facilitated by the writ petitioner being the applicant
and the order passed by the Tribunal, it reveal that, the
petitioner is adjudicating his transfer order issued by the
competent authority, which according to him, is not in
accordance with the guide lines and even permission, which
is mandatory, is not obtained from the Hon'ble Chief Minister
relating to the fact of transfer of this petitioner. The
WP No. 105503 of 2022
Tribunal, on considering the grounds urged by the both the
counsels and the materials which were facilitated by the
petitioner/applicant before it, has dismissed the Application
of the petitioner. The impugned order passed by the
Karnataka State Administrative Tribunal, Belagavi, do not
suffer from any infirmity as the order is passed following all
the guidelines and the rules and regulations in accordance
with law. Hence, this writ petition do not have any substance
for seeking intervention by this Court.
Accordingly, the writ petition stands dismissed as
devoid of merits. In view of dismissal of the petition,
I.A.1/2022 seeking dispensation of production of the certified
copies of annexure-A do not survive for consideration and
the same stands disposed of .
Sd/-
JUDGE
Sd/-
JUDGE
kmv
