Karnataka High Court
Sri Lakshman Gowda vs The State Of Karnataka on 26 September, 2012
Author: Subhash B.Adi
Bench: Subhash B Adi
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF SEPTEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B ADI
WRIT PETITION No.22177/2012 (S-TR)
BETWEEN:
SRI LAKSHMAN GOWDA,
AGED ABOUT 74 YEARS,
S/O LATE KAKE GOWDA
R/AT DODDADUNNASANDRA VILLAGE
ANANGONDANAHALLI HOBLI,
HOSKOTE TALUK
BANGALORE RURAL DISTRICT. ...PETITIONER
(BY SRI:MUNISWAMY GOWDA S.G. ADV.
FOR M/S PRAMILA ASSOCIATES, ADVOCATES)
AND:
1 THE STATE OF KARNATAKA
BY ITS SECRETARY
RURAL DEVELOPMENT AND PANCHAYAT RAJ
M.S.BUILDING,
BANGALORE.
2 THE CHIEF EXECUTIVE OFFICER
BANGALORE RURAL ZILLA PANCHAYAT
KEMPEGOWDA ROAD,
BANGALORE.
3 EXECUTIVE OFFICER
TALUK PANCHAYAT
BANGALORE.
2
4 SRI M. RAMAMURTHY
AGED ABOUT 45 YEARS
GRADE-2 SECRETARY
DEVANAGUNDI GRAMA PANCHAYAT
HOSKOTE TALUK
BANGALORE RURAL DISTRICT. ...RESPONDENTS
(BY SRI: RAGHAVENDRA G GAYATHRI, HCGP FOR R1;
SRI R SHARATH CHANDRA, ADV. FOR R2 AND R3;
SRI M.V. CHANDRA SHEKAR REDDY, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER OF TRANSFER DATED 21.6.2012 VIDE ANNEXURE-N
TRANSFERRING THE 4TH RESPONDENT BACK TO DEVANAGUNDI
GRAMA PANCHAYAT ORDER PASSED BY C.E.O. BANGALORE
RURAL ZILLA PANCHAYATH AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is the President of Devanagundi Grama Panchayat in Hoskote Taluk, Bangalore Rural District. The fourth respondent was appointed as a Bill Collector in the said Grama Panchayat on 01.06.1988. He was promoted as a Secretary of the Grama Panchayat with effect from 12.04.2010. The fourth respondent was posted to Ittasandra Grama Panchayat, however, on deputation, he got himself 3 posted again to Devanagundi Grama Panchayat. Noticing that, the respondent No.4 is continuing in the same place, his deputation was cancelled by order dated 31.12.2011 and he was asked to relieve from Devanangundi Grama Panchayat and take charge at Ittasandra Grama Panchayat. Despite that, it appears that, he used some political influence and again got himself transferred to Devanagundi Grama Panchayat on 10.01.2012. From 1988 onwards, the fourth respondent has been continued in Devanagundi Grama Panchayat by one or the other reason.
2. Learned Counsel for the respondent No.4 contended that, the post of Bill Collector in the Grama Panchayat is not a transferable post, however, it is not in dispute that, he was promoted as a Secretary and the post of Secretary of Grama Panchayat is a transferable post within the District. In addition to this, there are serious allegations against the petitioner. In this regard, an enquiry has been initiated against him. Even decision was taken to transfer the fourth respondent to a place outside Hoskote Taluk to keep him away from the records and evidence. Though such order was passed, by using influence again the 4 respondent No.4 got the said order of transfer canceled and got posted to Devanagundi Grama Panchayat. Having several transfer orders passed and cancelled ultimately, he has been transferred to Devanagundi Grama Panchayat in a general transfer order dated 14.06.2012.
3. The only objection by the fourth respondent for transfer is that, he is suffering from Degenerated Spinal Cord. It is not in dispute that, he is not transferred out side the District. Even if he is transferred, he is transferred only outside the Taluka and any Taluka in Bangalore Rural District is amenable to medical facilities and it is also not a serious disease for which he requires immediate attention at Devanagundi only. He is a Government Servant, who is on transferable job, cannot have a lean on the post to continue in the same place forever. The very fact that he has been continued from 1988 in the same place, it requires even under the Government Scheme, respondent No.4 requires to be transferred.
4. Hence, the order of transfer of the petitioner in general transfer 5 order dated 14.06.2012 issued by the second respondent produced at Annexure-J, insofar as the respondent No.4 is concerned, stands quashed and the second respondent is directed to take steps to transfer respondent No.4 anywhere outside Hosakote Taluk in the interest of the enquiry and also administration.
Accordingly, the writ petition stands disposed of.
Sd/-
JUDGE KNM/DP