Karnataka High Court
Smt. Gangu Bai Ramesh Manakar, Ias vs The Union Of India on 25 July, 2024
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NC: 2024:KHC:29274-DB
WP No. 18368 of 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.18368 OF 2024 (S-CAT)
BETWEEN:
SMT. GANGU BAI RAMESH MANAKAR, IAS
AGED ABOUT 51 YEARS
PRESENTLY WORKING AS DEPUTY COMMISSIONER,
UTTARA KANNADA DISTRICT, KARWAR,
AND R/AT NO.25, NY ATHANI ROAD,
NEAR VANKANCHI HOSPITAL,
BIJAPUR, VIJAYAPURA - 586 102.
...PETITIONER
(BY SRI. PRABHULING K NAVADGI,SENIOR COUNSEL FOR
SRI. PRASANNA DESHPANDE, ADVOCATE)
AND:
1. THE UNION OF INDIA
Digitally signed by REPRESENTED BY ITS SECRETARY (ADM)
CHANNEGOWDA
PREMA DEPARTMENT OF PERSONNEL AND TRAINING
Location: High
Court of
MINISTRY OF PERSONNEL, PG AND PENSIONS,
Karnataka GOVERNMENT OF INDIA,
NORTH BLOCK,
NEW DELHI - 110 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY TO
GOVERNMENT,
DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE
REFORMS (SERVICES-I)
VIDHANA SOUDHA,
BENGALURU - 560 001
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NC: 2024:KHC:29274-DB
WP No. 18368 of 2024
3. THE UNDER SECRETARY TO GOVERNMENT OF
KARNATAKA
DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE
REFORMS (SERVICES-I)
VIDHANA SOUDHA,
BENGALURU - 560 001
4. SMT. LAKSHMIPRIYA K, IAS
PRESENTLY WORKING AS DIRECTOR,
ABUDUL NAZIR SAB STATE INSTITUTE
OF RURAL DEVELOPMENT AND PANCHAYAT RAJ,
(ANSSIRD), MYSURU - 570 001
...RESPONDENTS
(BY SRI. SHANTHI BHUSHAN, DSGI FOR R1;
SRI. RAJAKUMAR M, AGA FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO a) SET ASIDE THE
ORDER DATED 09.07.2024 VIDE ANNEXURE-C PASSED BY THE
TRIBUNAL IN ORIGINAL APPLICATION NO.387/2024 WITHOUT
APPLICATION OF MIND AND b) ISSUE A WRIT OF APPROPRIATE
NATURE TO SET ASIDE THE IMPUGNED TRANSFER
NOTIFICATION e-DPAR 197 SAS 2024, DATED 05.07.2024
ISSUED BY THE 3RD RESPONDENT AT ANNEXURE-B, WHICH IS
PASSED IN CONTRAVENTION OF 2014 AMENDMENT RULES b)
ISSUE A WRIT OF APPROPRIATE NATURE TO SET ASIDE THE
G.O. NO.DPAR 197 SAS 2024, DATED 05.07.2024 ISSUED BY
THE 3RD RESPONDENT, AT ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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NC: 2024:KHC:29274-DB
WP No. 18368 of 2024
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard the learned counsel for the petitioner as well as
learned counsel appearing for the respondents.
2. Learned Senior counsel appearing for the petitioner
submits that the petitioner has challenged an order of transfer,
as being premature in terms of the Indian Administrative
Service (Cadre) Rules, 1954 read with the Indian
Administrative Service (Fixation of Cadre Strength)
Regulations, 1955.
3. It is submitted that the though the matter has been
posted before the Tribunal, the interim prayer raised by the
writ petitioner is not been considered by the Tribunal.
4. It is submitted that notice has now been issued to
the 4th respondent and the O.A. stands posted for consideration
to 29.07.2024.
5. Learned counsel therefore prays that the Tribunal
may be directed to either hear the matter finally or consider the
interim prayer raised by the petitioner and pass orders thereon
on the next date of hearing.
NC: 2024:KHC:29274-DB
6. Having considered the contentions advanced and in
view of the fact that the Tribunal is seized of the matter, we are
of the opinion that it is for the Tribunal to pass appropriate
orders on the application filed by the petitioner. Accordingly,
without expressing any view on the merits of the case, there
shall be a direction to the Tribunal to either consider the
application on merits or to pass appropriate orders on the
interim application for stay of transfer as sought for by the
petitioner within a week from 29.07.2024, i.e., the next date of
posting of the application. Accordingly, the writ petition is
disposed of.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
RAK
