Karnataka High Court
Sri G V Nagaraju vs State Of Karnataka on 10 October, 2023
Bench: N S Gowda
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NC: 2023:KHC:36898
WP No. 18829 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 18829 OF 2023 (S-TR)
BETWEEN:
1. SRI G V NAGARAJU
S/O G.N. VENKATESH,
AGED ABOUT 58 YEARS,
ASSISTANT REVENUE OFFICER
GANDHINAGARA SUB DIVISION,
BRUTHAT BENGALURU MAHANAGARA PALIKE,
BANGLAORE-560009
RESIDING AT NO.22, P.G. DOUZA NAGAR,
HOSAKEREHALLI, KEREKODI ROAD,
BANGALORE-560085.
...PETITIONER
(BY SRI. NAGARAJ S JAIN., ADVOCATE)
AND:
Digitally
signed by
PANKAJA S 1. STATE OF KARNATAKA
Location: REP BY ITS PRINCIPAL SECRETARY,
HIGH
COURT OF URBAN DEVELOPMENT DEPARTMENT,
KARNATAKA
M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. CHIEF COMMISSIONER
BRUHAT BENGALURU MANAHAGARA PALIKE,
HUDSON CIRCLE,
BANGALORE-560002.
3. DEPUTY COMMISSIONER (ADMN)
BBMP, HUDSON CIRCLE,
-2-
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WP No. 18829 of 2023
BANGALORE-560002.
4. N KRISHNA, SON OF LATE NALLAPPA,
ASSISTANT REVENUE OFFICER
YESHWANTHPURA SUB DIVISION,
BBMP, BANGALORE-560002.
...RESPONDENTS
(BY SRI. HARISHA.A.S, AGA FOR R-1;
SRI.B.L.SANJEEV, ADVOCATE FOR R-2 & R-3
SRI.I.TARANATH POOJARY, SENIOR COUNSEL FOR
SRI.MURALIDHAR FOR C/R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS IN RELATING TO THE TRANSFER ORDER
BEARING NO. B12(1)PR/88/2023-24, DATED 05/08/2023
AS PER ANNEXURE-C ON THE FILE OF THE R2 AND UPON
PERUSAL BE PLEASED TO A) QUASHING THE OFFICE
ORDER BEARING NO. B12(1)PR/88/2023-24, DATED
05/08/2023 ISSUED BY THE R2 AT ANNEXURE-C AND
CONSEQUENTLY DIRECT THE R1 TO R3 TO CONTINUE THE
PETITIONER AS ASSISTANT REVENUE OFFICE,
GANDHINAGAR, BBMP WITH ALL CONSEQUENTIAL
BENEFITS, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner was transferred as an Assistant
Revenue Officer, Gandhi Nagar from the post of Assistant
Revenue Office, BBMP that he was holding at Govindaraja
Nagar/Rajajinagar, CAC on 17.02.2023. He is aggrieved
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WP No. 18829 of 2023
by order dated 05.08.2023, whereby respondent No.4 is
posted in his place.
2. It is his contention that by virtue of the order of
transfer made in respect of 17.02.2023, he has an assured
tenure of two years as per the Government Order dated
07.06.2013, and the consequential posting of respondent
No.4 in his place amounts to a premature transfer and he
also contends that the procedure prescribed under the
Government Order dated 07.06.2013 has not been
followed in respect of a premature transfer.
3. The learned counsel for the BBMP, Sri.B.L.Sanjeev,
on instructions, submits that the petitioner was transferred
on 17.02.2023 and the present posting given to
respondent No.4, as a result of which, the petitioner would
be disturbed, does amount to a premature transfer.
4. The learned counsel for respondent No.4, on the
other hand, contends that respondent No.4 was initially
transferred on 07.01.2022, he was posted as an Assistant
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Revenue Officer at Gandhi Nagar. It is also his case that
by an order dated 31.01.2023 passed at the instance of
the Election Commission, the petitioner was transferred
from Gandhi Nagar to Yeshwantpur and as a result of the
decision rendered by the two Division Benches of this
Court, on the completion of the elections, the petitioner
was bound to be re-transferred and accordingly, the
impugned order has been passed posting him back to the
original place of posting and therefore, no fault can be
found with the said posting.
5. The learned counsel placed strong reliance on the
decision rendered by the Division Bench of this Court in
W.P. No.31053 of 2018 (S-KAT) and connected cases,
which is based on the judgment rendered in the case of
the Election Commission of India vs. State of
Karnataka - (2013) 6 Kar.L.J. 363 to support his
contention.
6. It is, no doubt, true that in those Division Bench
rulings, this Court has stated that the order of transfer
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WP No. 18829 of 2023
made pursuant to a direction of the Election Commission,
a person would have to be transferred and thereafter re-
posted to his original place. However, a Full Bench of this
Court in Chandru.H.N.1 and S.N.Gangadaraiah2 has
held that an order of transfer made under the Government
Order has statutory force and is enforceable. The said
Government Order states that an employee transferred
cannot be disturbed for a period of two years and in the
event, the order of transfer is to be modified and a person
is required to be transferred prematurely, the procedure
prescribed therein would have to be followed.
7. In fact, the Full Bench has held that Government
Order dated 07.06.2013, has a statutory force and will
have to be construed as a statutory provision in relation to
a transfer.
8. In light of this, it is clear that the petitioner's transfer
on 17.02.2023, by virtue of the Government Order dated
Chandru.H.N. v. State of Karnataka, ILR 2011 Kar 1585.
S.N.Gangadaraiah v. State of Karnataka and Antr., ILR 2015 KAR 1955
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WP No. 18829 of 2023
07.06.2013, assures the petitioner a tenure of two years
and he cannot be transferred, unless the procedure
prescribed in the said Government order is followed.
9. The Counsel for BBMP admits that, the procedure
prescribed for premature transfer in the Government
Order dated 07.06.2013 has not been followed and as a
consequence, the order of posting made in favour of
respondent No.4 cannot be sustained and the same is,
accordingly, quashed.
10. As a consequence, respondent No.4 shall hand over
the charge, forthwith, to the petitioner.
11. The learned counsel for respondent No.4 also
submits that respondent No.4 has taken over the charge
and an order of re-posting has also been given to the
petitioner.
12. The fact that respondent No.4 has taken charge and
an order of re-posting would be inconsequential, since the
original order of transfer, by itself, is unsustainable. The
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WP No. 18829 of 2023
order by which the taking over of charge and order of re-
posting are consequential to the order of transfer made
and when the principal order of posting is quashed, the
consequential act of taking over the charge or the order of
posting would be of no consequence.
13. The Writ petition is accordingly allowed.
Sd/-
JUDGE
RK
CT: SN
