Sri H G Ramesh vs The State Of Karnataka on 30 June, 2014

[Cites 2, Cited by 1]

Karnataka High Court

Sri H G Ramesh vs The State Of Karnataka on 30 June, 2014

Bench: L. Narayana Swamy

                            1




       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

           DATED THIS THE 30TH DAY OF JUNE 2014

                         BEFORE

        THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY

           WRIT PETITION NO.30589 OF 2014 (S)


BETWEEN:

SRI H G RAMESH
S/O LATE H.R. GOVINDAIAH,
AGED ABOUT 49 YEARS,
EXECUTIVE ENGINEER (ELECTRICAL),
BESCOM,
NELAMANGALA,
BANGALORE RURAL DISTRICT-562123

                                             ...PETITIONER

(BY SRI K.H.SOMASHEKAR, ADV.)

AND:

  1. THE STATE OF KARNATAKA
     REPRESENTED BY ITS
     PRINCIPAL SECRETARY ENERGY,
     VIDHANA SOUDHA,
     BANGALORE 1

  2. THE MANAGING DIRECTOR
     KARNATAKA POWER TRANSMISSION
     CORPORATION LIMITED (KPTCL),
     KAVERI BHAVAN,
     BANGALORE 560009
                                2




  3. THE DIRECTOR
     (ADMINISTRATION & HUMAN
     RESOURCE) KPTCL,
     KAVERI BHAVAN,
     BANGALORE 560001

  4. MR. SHASHIDARA SHIVACHARYA
     S/O, NOT KNOWN, AGE MAJOR,
     EXECUTIVE ENGINEER (ELECTRICAL),
     BESCOM, CHICKBALLAPUR,
     CHICKBALLAPUR DISTRICT-562101.
                                             ...RESPONDENTS

(BY SMT.PRATHIMA, HCGP FOR R1,
    SRI.U.Y.KUMAR, ADV. FOR R2 TO R4)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS FROM THE RESPONDENTS TO DECIDE THE ISSUE
INVOLVED IN THE ABOVE CASE AND QUASH THE ORDER DTD
20.06.2014 ISSUED BY THE R-3 IN SO FAR AS IT RELATES TO
THE PETITIONER, TRANSFERRING HIM FROM BESCOM,
NELAMANGALA, BANGALORE RURAL DISTRICT TO BESCOM,
CHICKABALLPUR DIVISION, WITHIN 6 MONTHS FROM PRESENT
PLACE OF WORKING AT SL.NO.61, VIDE ANNX-"A" AND ETC.,

     THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                          ORDER

Shri V.Y. Kumar, the learned counsel is directed to take notice for the respondents No.2 and 3.

2. Heard Both. Transfer order Annexure-A dated 20th June 2014 has been challenged in this petition. The ground urged by the petitioner is that earlier on 7th January 2014, he was transferred from Mangalore to Nelamangala and he reported on at the transferred place on 8th January 2014; and in the meanwhile, without his completing one year in the incumbent place, he has been transferred again. Hence, the action of the respondent is arbitrary and is in contravention of Government guidelines issued which permits retention of a Group-A officer for a period of one year in one place.

3. Sri V.Y. Kumar, the learned counsel, by relying upon the order dated 22nd May 2014 submits that an appeal provision is available for the petitioner and the same could be made use of. Hence, he submits that the petitioner may be permitted to address his grievance by filing review before the respondent.

4. In view of the submission made by the learned counsel for the respondent and in the light of the order of the respondent dated 22nd May 2014, petition stands disposed of permitting the petitioner to avail of the alternative and efficacious remedy 4 available by preferring an appeal before the respondent to review the decision of the competent authority. If such a review is filed by the petitioner, the respondent is directed, , the same is to be considered in accordance with law and to pass appropriate order. It is also made clear that the appeal provision provides that the aggrieved person shall prefer an appeal within fifteen days from the date of the order and in the light of the said appeal provision, the person shall not be disturbed within the said period. Hence, the respondent shall consider the application of the petitioner in the light of item 13 of the order.

Writ petition, accordingly stands disposed of.

Sd/-

JUDGE lnn

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