Karnataka High Court
D B Iranna vs The Under Secretary To The Government Of ... on 11 November, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
-1-
NC: 2024:KHC-D:16453-DB
WA No. 100528 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT APPEAL NO. 100528 OF 2024 (S-TR)
BETWEEN:
D. B. IRANNA,
AGE 50 YEARS,
OCC. OFFICE MANAGER
TOWN MUNCIPAL COUNCIL,
BHALKI, R/O. BHALKI,
DISTRICT. BIDAR,
PRESENTLY KAMALAPUR, HOSAPETE,
DISTRICT VIJAYANAGAR-583201.
Digitally signed
by JAGADISH T
R
...APPELLANT
Location: High
Court of (BY SRI. SRINIVAS B. NAIK, ADVOCATE)
Karnataka,
Dharwad Bench
AND:
1. THE UNDER SECRETARY TO THE
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF PERSONAL AND
ADMINISTRATIVE SERVICE,
RULES NO.1, BENGALURU-560001.
2. THE UNDER SECRETARY TO THE
GOVERNMENT OF KARNATAKA,
-2-
NC: 2024:KHC-D:16453-DB
WA No. 100528 of 2024
URBAN DEVELOPMENT DEPARTMENT,
BENGALURU 560001.
3. THE DEPUTY COMMISSIONER,
HOSPET,
DISTRICT: VIJAYANAGAR-583201.
4. MAHANTESH BEELAGI,
AGE 54 YEARS,
OCC. CHIEF OFFICER,
TOWN MUNCIPAL COUNCIL,
R/O. KAMALAPURA
TQ. HOSAPET,
DIST. VIJAYANAGAR.
...RESPONDENTS
(BY SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R1 TO R3;
SRI. ANAND R. KOLLI, ADV. FOR R4)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED
30/9/2024 PASSED IN WRIT PETITION NO.104539/2024 ON THE
FILE OF HON'BLE SINGLE JUDGE, AND CONSEQUENTLY, DISMISS
THE WRIT PETITION NO.104539/2024, BY CONFIRMING THE
IMPUGNED TRANSFER ORDER DATED 29/7/2024 PASSED BY 2ND
RESPONDENT BEARING NO.160 TMC 2024 PRODUCED AT
ANNEXURE-D, IN THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY
APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
-3-
NC: 2024:KHC-D:16453-DB
WA No. 100528 of 2024
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
In this writ appeal the appellant has challenged the
order dated 30.09.2024 passed in W.P.No.104539/2024
wherein, by order dated 03.07.2023 and 29.07.2024 the
appellant has been transferred as Chief Officer at
Kamalapura Town Panchayat and Office Manager to
Bagepalle TMC respectively.
2. This Court in W.P.No.214/2022 disposed off on
10.02.2022 has held that, if the dispute is in respect of
Chief Officer Town Panchayat, which is a civil post, party
has to approach before the Karnataka Administrative
Tribunal. The Division Bench of this Court in ILR 2019 KAR
2751 has held that, if the dispute in respect of civil post is
concerned, writ petition is not maintainable; party has to
approach the Karnataka Administrative Tribunal.
3. The relevant paragraph No.8 of the ILR 2019
KAR 2751 is reads as under;
NC: 2024:KHC-D:16453-DB
"8. Perusal of statutory provisions of the
Administrative Tribunal Act, in particularly
Section 15 read with Supreme Court decision
cited supra each and every Government
servant who has any grievance with reference
to service conditions first Court of instance
would be State Administrative Tribunal.
Therefore, writ petition filed by the appellant
itself is not maintainable. Accordingly, order of
the Learned Singe Judge dated 02.11.2018 is
set aside. Reserving liberty to the appellant to
approach State Administrative Tribunal."
4. In view of the above, the writ petition is
allowed. The order dated 30.09.2024 passed in
W.P.No.104539/2024 is set aside. Reserving liberty to the
petitioner-respondent No.4 to approach the State
Administrative Tribunal within three weeks from today.
5. Parties are directed to maintain status quo in
respect of posting as on today for a period of three weeks.
6. It is made clear that, if the petitioner-
respondent No.4 filed any application before the Karnataka
Administrative Tribunal, the Karnataka Administrative
Tribunal is directed to decide the interim application and
NC: 2024:KHC-D:16453-DB
main application in accordance with law without
influencing the order passed by the learned Single Judge.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
SMM/ct-an
