Karnataka High Court
Sri. Karna Kumar L.P vs State Of Karnataka on 12 September, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2023:KHC:32929
WP No. 13721 of 2023
C/W WP No. 15171 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 13721 OF 2023 (S-TR)
C/W
WRIT PETITION NO. 15171 OF 2023 (S-TR)
WRIT PETITION NO. 13721 OF 2023 (S-TR)
BETWEEN:
SRI. KARNA KUMAR L.P
S/O PALLUPPAIAH, AGED ABOUT 56 YEARS
R/AT NO.16/1, TEACHERS LAYOUT
1ST MAIN ROAD, VIDYARANYAPURA
BANGALORE-560 097
...PETITIONER
(BY SRI.AJAY PRABHU FOR N.V. SRIKANTH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY
Digitally VIKAS SOUDHA, BANGALORE-560 001
signed by REPRESENTED BY ITS UNDER SECRETARY
PANKAJA S
Location:
HIGH 2. THE MANAGING DIRECTOR ADMINISTRATION
COURT OF
KARNATAKA BESCOM K R CIRCLE, BANGALORE-560 001
3. ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL)
COMMERCIAL WORK AND ADMINISTRATION,
BANGALORE RURAL CIRCLE, BESCOM
T.T.M.C 1ST FLOOR, KENGERI, BANGALORE-560 060
4. ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL)
VIDYANAGARA SUB DIVISION, BESCOM
VIDYARANYAPURA BANGALORE-560 097
-2-
NC: 2023:KHC:32929
WP No. 13721 of 2023
C/W WP No. 15171 of 2023
5. SRI NAWAZ AHAMED
AGED MAJOR
WORKING AS ADMINISTRATION AND WORK UNIT,
VENKATESHAPURA 1ST EAST SUB DIVISION,
SHIVAJINAGARA DIVISION
BANGALORE EAST CIRCLE
BANGALORE-560 019
...RESPONDENTS
(BY SRI.HARISHA A.S, AGA FOR R1
SRI.A CHANDRACHUD, ADVOCATE.FOR R2 TO R4
SRI.VIJAY KUMAR ADVOCATE. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA IS FILED PRAYING TO QUASH THE
IMPUGNED OFFICIAL MEMORANDUM DTD 20.6.2023 PASSED
BY THE 2ND RESPONDENT BEARING NO. BEVIKAM/
BC31/4098/2023-24/142 AS PER ANNX-A DIRECT TO THE R-3
TO CONDER THE REPRESENTATION OF THE PETITIONER DTD
23.6.2023 AS PER ANNX-E.
WRIT PETITION NO. 15171 OF 2023
BETWEEN:
SRI. NAWAZ AHMED
S/O. NOORULLA R.G.,
AGED ABOUT 39 YEARS,
JUNIOR ENGINEER (ELEC.),
VIDYANAGAR O AND M SECTION,
VIDYANAGAR SUB-DIVISION,
BESCOM,
HOSKOTE DIVISION,
BENGALURU RURAL DISTRICT,
BENGALURU-562 157.
...PETITIONER
(BY SRI.VIJAY KUMAR, ADVOCATE)
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NC: 2023:KHC:32929
WP No. 13721 of 2023
C/W WP No. 15171 of 2023
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
VIKASA SOUDHA,
BANGALORE-560 001.
REPRESENTED BY ITS UNDER SECRETARY.
2. THE MANAGING DIRECTOR ADMINISTRATION
CORPORATE OFFICE,
BESCOM, K.R. CIRCLE,
BANGALORE-560 001.
3. THE GENERAL MANAGER (ADMINISTRATION AND
HUMAN RESOURCES)
CORPORATE OFFICE,
BESCOM, K.R. CIRCLE,
BANGALORE-560 001.
4. SUPERINTENDING ENGINEER (ELEC.)
COMMERCIAL, OPERATIONAL AND MAINTENANCE,
BANGALORE RURAL CIRCLE (BRC),
BESCOM, KARNATAKA RAJYA BEEJA BHAVANA
BUILDING, 5TH FLOOR, BELLARY ROAD,
SANJAYANAGAR,
BANGALORE-560 024.
5. SRI. YOGESH. B. S. S/O. NOT UNKNOWN,
AGED MAJOR,
JUNIOR ENGINEER (ELEC.),
BUDIGERE, O AND M SECTION,
VIDYANAGAR SUB DIVISION,
BESCOM,
BENGALURU-562 157.
6. SRI. KARNA KUMAR. L. P.
S/O. PALLUPPAIAH,
AGED ABOUT 56 YEARS,
JUNIOR ENGINEER (ELEC.)
RESIDING AT NO. 16/1, TEACHERS LAYOUT,
1ST MAIN ROAD, VIDYARANYAPURA,
BANGALORE-560 087.
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NC: 2023:KHC:32929
WP No. 13721 of 2023
C/W WP No. 15171 of 2023
...RESPONDENTS
(BY SRI.HARISH A.S.,AGA FOR R1
SRI.AJAY PRABHU FOR SRI
SRI.SRIKANTH N.V. ADVOCATEFOR R6
SRI. A CHANDRACHUD ADVOCATE FOR R2 TO R4
SMT. M.L SUVARNA FOR
SRI. K. PUTTEG0WDA ADV. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTIUTION OF INDIA IS FILED PRAYING TO QUASHING
THE IMPUGNED OFFICIAL MEMORANDUM DTD 16.5.2023
BEARING NO.SE(E)/BRC/DCA/AO/AAO/SA-2/1040-44 ISSUED
BY THE RESPONDENT 4 VIDE ANNX-A.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. On 16.05.2023, an order of transfer was made on the basis of mutual request made by the petitioner and one Yogesh Kumar. By the said order of mutual transfer, the petitioner who was working at Budigere Branch was transferred to Vidyanagar Unit and Yogesh who was working at Vidyanagar Unit was transferred to Budigere Branch, Devanahalli Sub-Division.
2. It is the case of the petitioner that, pursuant to this mutual transfer, he has reported for duty on 20.06.2023 and thereafter, an order of transfer is made on 21.06.2023 -5- NC: 2023:KHC:32929 WP No. 13721 of 2023 C/W WP No. 15171 of 2023 by which, the 5th respondent has been transferred to this post at Vidyanagar Unit and Yogesh who had accepted the mutual transfer, had been transferred to Shivajinagar.
3. It is his case that, the authorities, after accepting the mutual transfer of himself to Vidyanagar Unit and Yogesh's who was working at Vidyanagar Unit to Budigere Branch, Devanahalli Sub-Division respectively, subsequently, could not have passed an order of transfer within a month nullifying this mutual transfer.
4. It is the case of BESCOM in the objections filed, in which it is admitted that the petitioner was transferred on mutual request and it is also admitted that he reported for duty on 20.06.2023 at Vidyanagar Unit.
5. In the statement of objections, respondent-BESCOM has no where stated as to how an order of mutual transfer could be revoked by passing a fresh order of transfer. It is however contended in the objection that, the order of transfer made by mutual request could not hold the field in -6- NC: 2023:KHC:32929 WP No. 13721 of 2023 C/W WP No. 15171 of 2023 view of Circular dated 14.03.2023. It is to be stated here that once an order of transfer has been passed at the mutual request by two employees, unless that order was revoked by another specific order, BESCOM could not have passed a fresh order of transfer thereby nullifying the mutual request of two of its employees.
6. The very fact that there was a mutual request for transfer and BESCOM having acceded to the same, would be estopped from passing any further order of transfer nullifying the order of mutual transfer passed earlier.
7. In that view, the impugned order dated 20.06.2023 transferring the 5th respondent in place of petitioner cannot be sustained and accordingly the same is quashed.
8. WP 15171/2023 is filed by 5th respondent in WP 13721/2023 challenging the order of transfer passed by BESCOM on 16.5.2023 acceding to the mutual request made by Sri Karna Kumar(Respondent No.6) and Sri Yogesh (Respondent No.5) from Budigere O & M Unit, -7- NC: 2023:KHC:32929 WP No. 13721 of 2023 C/W WP No. 15171 of 2023 Devanahalli Sub-Division, BESCOM Vidyanagara O & M Unit, Vidyanagara Sub-Division.
9. It is his contention that this request could not have been acceded to in the light of the Circular dated 14.3.2023.
10. If BESCOM, as an employer chooses to accede to the request of mutual transfer of two of its employees, the petitioner would have no locus standi to question or challenge the same contending that it was contrary to the Circular. The BESCOM, on consideration of mutual request, passed an order of transfer knowing fully well that there was a circular in force and therefore, it is to be assumed that notwithstanding the Circular, the order of transfer of mutual request was passed by the BESCOM. Therefore there is no merit in this petition. Same is accordingly dismissed.
11. Learned counsel for BESCOM submitted that by virtue of interim order granted in this writ petition, Karna -8- NC: 2023:KHC:32929 WP No. 13721 of 2023 C/W WP No. 15171 of 2023 Kumar L.P. Yogesh and Nawaz are all continuing in the same post as before. If for any reason, petitioner in WP No.15171/23 is not given a posting, BESCOM shall ensure that he shall continue in Shivajinagar as earlier.
12. Accordingly, WP No.13721/2023 stands disposed of and WP No.15171/2023 is dismissed.
Sd/-
JUDGE SK/-