Karnataka High Court
Sri L Manohar vs State Of Karnataka on 25 July, 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.15597 OF 2024 (S-KSAT)
BETWEEN:
SRI. L. MANOHAR
S/O G. LINGAIAH
AGED 46 YEARS
WORKING AS SENIOR LABOUR INSPECTOR
43RD CIRCLE, KARMIKA BHAVAN
BANNERGHATTA ROAD
BENGALURU-560 029
...PETITIONER
(BY Ms. NAYANA TARA B.G., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
DEPT. OF LABOUR
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001
2. COMMISSIONER OF LABOUR
KARMIKA BHAVANA
DAIRY CIRCLE
BANNERGHATTA ROAD
BENGALURU-560 029
3. LABOUR OFFICER
SUB-DIVISION-4
KARMIKA BHAVAN
-
2
DAIRY CIRCLE
BANNERGHATTA ROAD
BENGALURU-560 029
4. SMT. SHASHIKALA D. GIDDIYAVAR
W/O RAMKRISHNA V. PADASALIMANI
AGED 47 YEARS
WORKING AS SENIOR LABOUR INSPECTOR
19TH CIRCLE, KARMIKA BHAVAN
BANNERGHATTA ROAD
BENGALURU-560 029
...RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R3;
SRI. JAYANTH DEV KUMAR, ADVOCATE FOR C/R4;
SRI. PRITHVEESH M.K., ADVOCATE FOR IMPLEADING
APPLICANT ON IA-1/2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS IN APPLICATION No.1412/2024 AT ANNEXURE-B ON
THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL AND ETC.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT ON 19.07.2024 AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT
PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
-
3
CAV JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ petition is filed challenging the order dated
27.05.2024 of the Karnataka State Administrative Tribunal,
Bengaluru (hereinafter referred to as 'the Tribunal' for short)
passed in Application No.1412/2024, allowing the fourth
respondent's application, consequently setting aside the
order bearing No.NGO-01/CR-62/2023-24 dated 15.03.2024
issued by the second respondent, insofar as the fourth
respondent and the petitioner herein are concerned.
2. The relevant facts as stated in the writ petition
are as follows:-
The Writ Petitioner was the fourth respondent in
Application No.1412/2024 filed before the Tribunal. Initially,
in the year 2002, the petitioner was appointed to the post of
Labour Inspector in the Department of Labour, Government
of Karnataka. In 2011, petitioner was promoted to the post
of Senior Labour Inspector (Group 'C' post), presently he is
working at 43rd circle, Bangalore since September, 2020.
-
The fourth respondent is also currently working as Senior
Labour Inspector at 19th Circle, Bangalore from July 2021.
3. The second respondent having taken prior
approval from the Chief Minister issued a Government order
dated 15.03.2024 and prematurely transferred the petitioner
from 43rd circle, Bangalore to the post of fourth respondent
i.e., 19th circle, Bangalore and the fourth respondent to the
place of petitioner. The petitioner complied with the
aforementioned order and reported for duty.
4. Aggrieved by transfer order dated 15.03.2024,
the fourth respondent approached the Tribunal in Application
No.1412/2024 on 16.03.2024. On 18.03.2024 the Tribunal
granted an interim order in favour of fourth respondent and
stayed the order dated 15.03.2024 on the ground that
'approval was not obtained from the Chief Minister'. The
application filed by the fourth respondent was considered
and the impugned order was passed by the Tribunal allowing
the said application, as a result of which the order issued by
the second respondent transferring the petitioner was also
-
set aside. Against this order, the present petition has been
preferred before this Court.
5. We have heard the learned counsel appearing on
either side as well as the learned Additional Government
advocate appearing for the official respondents.
6. The learned counsel appearing on either side
would contend that the concerned officers i.e., writ
petitioner and the fourth respondent have been working as
Labour Officer and Senior Labour Officer in Circles within
Bengaluru City itself since 2011. What was under challenge
before the Tribunal was the order of transfer of the fourth
respondent in this Writ Petition from Circle No.19 to Circle
No.43 in the place of the writ petitioner herein. In view of
the fact that the applicant before the Tribunal had been
continuing in the same office for a considerably long period
and since there is no allegation of mala fide vitiating the
transfer or even regarding any inconvenience caused to the
applicant, we are of the opinion that the Tribunal was not
justified in having set aside the order of transfer. Though it
is not disputed before us that the fourth respondent, who
-
was the applicant before the Tribunal had been posted as
Senior Labour Inspector, 19th Circle, Bengaluru only on
23.07.2021, it is clear that it was only from 39th Circle, she
was transferred to 19th Circle in 2021. It is pertinent to note
that even the controlling officer in respect of two circles
remains the same even after the transfers.
7. The learned counsel appearing for the petitioner
relied on a decision of this Court in Shekhrappa v. The
State of Karnataka and others decided on 20.06.2024 in
W.P.No.4969/2024 (S-KSAT) and contended that it is not
in every case of premature transfer that interference would
be justified. Though the learned counsel for the private
respondent submits that the facts were entirely different in
the decision relied on, it is clear that in the instant case also,
there is no pleading of any convenience caused due to
transfer.
8. In the said circumstances, we are of the opinion
that this was not a case where the Tribunal should have
exercised the jurisdiction on the ground of violation of the
guidelines relating to transfer.
-
9. Accordingly, we pass the following:
ORDER
(i) The writ petition is allowed.
(ii) The order of the Tribunal in Application
No.1412 of 2024 dated 27.05.2024 shall
stand set aside.
(iii) The Application shall stand dismissed.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
cp*
