Citation : 2026 Latest Caselaw 611 Kant
Judgement Date : 29 January, 2026
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NC: 2026:KHC-D:1142
WP No. 109422 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 29TH DAY OF JANUARY 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 109422 OF 2025 (S-TR)
BETWEEN:
MALLIKARJUN GOUD G. N. S/O. G. NARAYANA
AGE ABOUT 46 YEARS,
OCC: ASSISANT EXECUTIVE ENGINEER (V),
OFFICE OF KAMPLI DIVISION,
GESCOM KAMPLI, R/O. D. NO.522, D-1,
BEHIND VASAVI SCHOOL, INFANTRY ROAD,
CANTONMENT, BALLARI-583104.
...PETITIONER
(BY SRI. MALLIKARJUN GOUD G.N., (PARTY-IN-PERSON)
AND:
1. MANAGING DIRECTOR
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED, CAUVERY BHAWAN,
K.G. ROAD, BENGALURU-560020.
2. THE DIRECTOR
(ADMINISTRATION AND HUMAN RESOURCE),
MANJANNA KARNATAKA POWER TRANSMISSION
E CORPORATION LIMITED, CAUVERY BHAWAN,
K.G. ROAD, BENGALURU-560020.
Digitally signed by
MANJANNA E
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
3. EXECUTIVE ENGINEER (V),
Date: 2026.02.02
10:02:47 +0530 O AND M RURAL DIVISION,
GVSKL BALLARI-583132.
4. SHRINIVAS PRASAD K.,
AGE: MAJOR, OCC: WORKING AS
ASSISTANT EXECUTIVE ENGINEER (V),
H.T. RATING SUB-DIVISION,
GESCOM, RAICHUR DISRICT-584101.
...RESPONDENTS
(BY SRI. B.S.KAMATE, ADVOCATE FOR R1 TO R3;
SRI. RAJASHEKHAR R.GUNJALLI, ADVOCATE FOR R4)
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NC: 2026:KHC-D:1142
WP No. 109422 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER OF
TRANSFERRED THE PETITIONER FROM KAMPLI TO ALLIPUR ISSUED BY
THE RESPONDENT NO.2 BEARING NO. SANKE.KPTCL/DGMP/MES1
(B58)11/2025 DATED 13.11.2025 SAME IS PRODUCED AT ANNEXURE-
B AND ETC.
THIS WRIT PETITION COMING ON FOR ORDER THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
The petitioner, who appears partly-in-person, has
called in question the transfer orders dated 13.11.2025 and
25.11.2025 issued by the Karnataka Power Transmission
Corporation Ltd. (KPTCL) and the consequential relieving
order dated 04.12.2025 produced at Annexures-B, C and E
respectively, whereby, the petitioner has been transferred
from Kampli to Allipur and thereafter to Munirabad and
relieved from the post at Kampli.
Brief Facts:
2. The petitioner is serving as an Assistant
Executive Engineer (V) under KPTCL/GESCOM and has been
in service since the year 2003. Earlier, the petitioner had
questioned the transfer order dated 30.07.2024 before this
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court in W.P. No.104632/2024. By order dated 20.02.2025
(Annexure-A), this Court quashed the said transfer insofar
as the petitioner was concerned and issued a specific
direction that the petitioner shall be continued at Kampli
only upto 29.07.2025. It is not in dispute that the
protection granted by this Court in the earlier writ petition
was time-bound and not an indefinite interdiction against
transfer. After expiry of the said protected period, the
respondent-Corporation issued:
i. A transfer order dated 13.11.2025 transferring the
petitioner from Kampli to Allipur Annexure-B.
ii. A subsequent posting order dated 25.11.2025
transferring him from Allipur to Munirabad
(Annexure-C) and a relieving order dated
04.12.2025, relieving him from Kampli (Annexure-
E). The respondents have also placed on record the
duty report dated 12.12.2025, evidencing
compliance with the transfer orders.
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3. The petitioner appearing in person contended
that:
i. The impugned transfer orders violate the transfer
guidelines, particularly the minimum tenure norms.
ii. The remark regarding vacant post 'Allipur' is
incorrect.
iii. He has already suffered multiple transfers and that
the impugned action causes hardship to his family.
iv. The respondents have acted in this regard to the
earlier order passed in W.P. No.104632/2024.
v. That the similarly placed officers have been
retained at Ballari / Kampli for long duration
amounting to discrimination.
vi. Reliance is placed on the service particulars and
comparative data produced under Annexure-G.
4. Per contra, learned counsel for the respondents
would contend that the impugned transfer orders are issued
strictly in accordance with the transfer guidelines and
administrative exigency of the Corporation. It is submitted
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that the earlier order passed by this Court in W.P.
No.104632/2024 granted only a time-bound protection to
the petitioner to continue at Kampli upto a specified date
and did not create any vested or indefensible right to
remain at the said station thereafter. It is further contended
that upon expiry of the said period, the respondents were
well within their jurisdiction to affect transfer in the interest
of administration. It is contended that the impugned orders
are neither punitive nor arbitrary, having been issued by
the competent authority, and the relieving order is only a
consequential order following from valid transfer, and that
no case is made out for interference under Articles 226 or
227 of the Constitution of India.
5. This Court has carefully considered the rival
contentions urged by the learned counsel for the parties and
the entire material on record, including the earlier order
passed by this Court in W.P.No.104632/2024 (Annexure-A),
the impugned transfer and posting orders dated 13.11.2025
and 25.11.2025 produced at Annexures-B and C, the
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consequential relieving order dated 04.12.2025 produced at
Annexure-E, the service particulars and comparative data
relied upon by the petitioner at Annexure-G, and the duty
report dated 12.12.2025 placed on record by the
respondents.
6. A careful reading of the order dated 22.02.2025
passed in W.P.No.104632/2024, makes it abundantly clear
that this Court did not grant a blanket or a permanent
protection against transfer. The specific direction in the
aforesaid writ petition was that the petitioner shall continue
at Kampli only upto 29.07.2025. The said direction was
explicit and conditional. Once the said direction lapsed, the
employer was fully entitled to exercise its power of transfer
subject to law. Therefore, the contention that the impugned
transfer violates the earlier order is factually and legally
unsustainable.
7. The transfer is an incident of service and unless
vitiated by malafides, statutory violation or patent
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arbitrators, this Court cannot sit an appeal over the
administrative decision. The petitioner has not placed any
material to establish that the transfer was punitive, passed
by an incompetent authority or in violation of any statutory
prohibition. The duty report dated 12.12.2025 produced by
the respondent further evidences the compliance of the
transfer order and its continuity. In view of the above
discussion, this Court is of the considered view that the
impugned transfer orders are issued after the expiry of the
time-bound protection granted earlier. They are supported
by administrative exigency and do not suffer from
arbitrariness or illegality warranting any interference under
Article 226 of the Constitution of India. Accordingly, this
Court pass the following:
ORDER
i. The writ petition is hereby dismissed.
ii. It is however made clear that this Court has not
expressed any opinion on future administrative
decisions and the petitioner is at liberty to make
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representation to the competent authority, if so
advised, which shall be considered in accordance
with law.
Sd/-
JUSTICE K.S.HEMALEKHA
AT Ct:VH List No.: 1 Sl No.: 31
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