Karnataka High Court
Sri B T Prakash vs The State Of Karnataka on 7 June, 2022
Bench: G.Narendar, P.N.Desai
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR. JUSTICE G. NARENDAR
AND
THE HON'BLE MR. JUSTICE P.N.DESAI
WRIT PETITION NO.6125 OF 2022(S-KSAT)
C/W
WRIT PETITION NO.648 OF 2022(S-KSAT)
C/W
WRIT PETITION NO.17775/2021(S-KSAT)
IN W.P NO.6125/2022
BETWEEN:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
FOREST, ENVIRONMENT AND
ECOLOGY DEPARTMENT,
VIKASA SOUDHA,
BENGALURU-560 001.
2. THE PRINCIPAL CHIEF CONSERVATOR
OF FORESTS (HEAD OF FOREST FORCE),
FOREST DEPARTMENT, ARANYA BHAVAN,
MALLESHWARAM 560 003.
3. THE RANGE FOREST OFFICER
KAGGALIPURA RANGE,
KAGGALIPURA,
BENGALURU URBAN 560 082.
... PETITIONERS
(BY SMT. SHILPA S.GOGI., HCGP)
2
AND:
1. SRI RAJU. A.L.
AGED ABOUT 53 YEARS,
S/O LINGEGOWDA,
WORKING AS DEPUTY RANGE
FOREST OFFICER,
O/O RANGE FOREST OFFICE,
UTTARAHALLI SECTION,
KAGGALIPURA RANGE,
KAGGALIPURA,
KANAKAPURA ROAD,
BANGALURU URBAN,
RESIDING AT NO 384,
1ST FLOOR, 8TH CROSS,
NEAR RES CONVENT,
KAVERIPURA, KAMAKSHIPALYA,
BENGALURU-560 079.
2. SRI RAJASHEKARAIAH,
MAJOR,
DEPUTY RANGE FOREST OFFICER,
O/O PRINCIPAL CHIEF CONSERVATOR
OF FOREST, ICT, BENGALURU,
BENGALURU RURAL 560 089.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 14.09.2021 PASSED BY THE HON'BLE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN
APPLICATION NO. 3632/2021 VIDE ANNEXURE - A AND ETC.
IN W.P NO.648/2022
BETWEEN:
SRI K. BYRAVA,
AGED ABOUT 51 YEARS,
S/O LATE SRI. KEMPAIAH,
PRESENTLY WORKING AS DEPUTY RANGE OFFICER
OFFICE OF THE RANGE FOREST OFFICER,
SOCIAL FORESTRY,
RAMANAGARA-562 159.
... PETITIONER
(BY SRI. P.RAJASHEKAR AND R.NAVEEN KUMAR., ADVOCATES)
3
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
FOREST, ENVIRONMENT AND
ECOLOGY DEPARTMENT,
VIDHANA SOUDHA,
DR.AMBEDKAR VEEDHI
BENGALURU-560 001.
2. THE PRINCIPAL CHIEF
CONSERVATOR OF FOREST,
(HEAD Of FOREST FORCES)
FOREST DEPARTMENT,
ARANYA BHAVAN, MALLESHWARAM
BENGALURU -560 003.
3. THE RANGE FOREST OFFICER
RAMANAGAR RANGE,
RAMANAGAR DISTRICT-562 159.
4. SRI VENKATESH,
S/O LATE CHIKKA VENKATAIAH,
AGED ABOUT 49 YEARS
WORKING AS DEPUTY RANGE FOREST OFFICER
TENGINAKAL SECTION,
CHANNAPATTANA RANGE
CHANNAPATTANA TALUK-562 160
RAMANAGARA DISTRICT.
... RESPONDENTS
(BY SMT. SHILPA S.GOGI., HCGP FOR R1 TO R3,
SRI. VIJAYA KUMAR.,ADVOCATE FOR C/R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS IN A NO 4564/2021, SET ASIDE THE ORDER DATED
08.12.2021 PASSED IN A.NO.4564/2021 ON THE FILE OF
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BENGALURU
(ANNEXURE-A) IF NECESSARY ALSO TO SET ASIDE THE ORDER
DATED 14.09.2021 IN AN NO.3632/2021 ON THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL BENGALURU (ANNEXURE-E).
4
IN W.P NO.17775/2021
BETWEEN:
SRI B.T PRAKASH,
S/O B. HUKRAPPA RAI,
AGED ABOUT 42 YEARS,
DEPUTY RANGE FOREST OFFICER,
O/O RANGE FOREST OFFICER,
PUTTUR RANGE,
ANEGUNDI BRANCH,
MANGALURU DIVISION
D.K DISTRICT-574 201.
... PETITIONER
[[
(BY SRI. RAJASHEKAR S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT,
DEPARTMENT OF FOREST ECOLOGY
AND ENVIRONMENT,
M.S BUILDING,
BENGALURU-560 001.
2. PRINCIPAL CHIEF CONSERVATOR OF FOREST
KARNATAKA STATE,
ARANYA BHAVAN,
18TH CROSS MALLESHWARAM
BENGALURU-560 003.
3. THE CHIEF CONSERVATOR OF FORESTS,
MANGALURU CIRCLE
D.K DISTRICT, ARANYA BHAVAN,
ALPE, PADEELU
MANGALURU,
D.K DISTRICT-575 007.
4. SRI.LOKESH S.N
S/O NANJAPPA
AGED ABOUT 33 YEARS,
OCC :DEPUTY RANGE FOREST OFFICER
PANAJE SECTOR PUTTUR RANGE,
D.K DITRICT-574 233,
5
R/AT KOUDICHAR FOREST QUARTERS,
ARIYADKA VILLAGE,
PUTTUR TALUK,
D.K DISTRICT-574 223. ... RESPONDENTS
(BY SMT. SHILPA S.GOGI., HCGP FOR R1 TO R3,
SRI. PRASANNA.V.R., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 14.09.2021 PASSED IN APPLICATION NO.
3654/2021 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL VIDE ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS
DAY, G. NARENDAR J., PASSED THE FOLLOWING:
ORDER
The order dated 28.07.2021 passed by learned Chief Conservator of Forest & Bengaluru Circle(Regional) reads as under:-
Office Order No.60/2021-22 Dated 28.07.2021 Sub: Transfer of Deputy Range Forest Officers-
Reg.
Ref: Government Ltr.No.FEE/143/FOS/2021;
Bengaluru, dated 22.07.2021.
-------
It is ordered by transferring the following Deputy Range Forest Officers and Surveyors, as per approval in view of well interest of administration for transferring the same to the posts as mentioned against their names of Sub range Forest Officers and Surveyors in the above referred Government letter.
6 Sl.No Name and present Transferred place Remarks . working place 1 Manjunatha Ganiga Moodabidre Unit, To the vacant Moodbidri H.Q. Unit, Moddabidri Range, post due to Moddabidri Range, Coondapura transfer of sri. Coondapura Division. Division Ashwath. 2 Ashwath, Moodabidri H.Q. To the vacant Moodbidri Unit, Unit, post due to Moddabidri Range, Moddabidri Range, transfer of Sri. Coondapura Dvn. Coondapura Manjunath Division Ganiga. 3 K. Bhairav, Bidadi Branch, To the place of Social Forest Range, Ramanagar Range, Sri. Venkatesh. Hoskote, Bengaluru Ramanagar Dvn. Rural Social Forest Division. 4 to xx xx xx 66 67 Rajashekhariah Uttarahalli Branch, To the place of I.T.C. Unit, Kaggalipura Range, Sri. A. L. Raju. Principal Chief Bengaluru City Conservotor of Forest Division Office, Bengaluru. 68 to xx xx xx 95 96 Prakash B.T., Panaji Branch, To the place of Anegundi Branch, Puttur Range, Sri. S.N. Putturu Range, Mangalore Dvn. Lokesh. Mangalore Dvn. 97 to xx xx xx 132 133 Shivakumar M. P. Malavalli Social To the post of Makutta Branch, Forest Range, Sri. Adarsha Bramhagiri Wild-life Social Forest Gowda M.P. Range, Division, Madikeri, Wild-Life Mandya Division. 134 Krupasagar C. Forest Mobile To the vacant Settyhalli Branch, Squad, I.T.C. & post. Shimoga Wild-Life Division Office at Range, Shimoga. Shimoga Wild-Life Division 7
Transfer of above servants is subjected to the following conditions:-
1. If the officer is in suspension, then cannot be enforced this transfer.
2. This order is subject to the conditions of Govt.
Order No.FEE/266/FOS/2013 dated 28.01.2014 and Additional Order No.FEE/266/FOS/2013 dated 05.03.2013.
3. Subject to the Govt. Order No.FEE/101/FOS/2015/ Bengaluru, dated 05.11.2015.
4. In connection to transfer of officers to any post, if there is any stay order of Tribunal/court, cannot be served the transfer order to such posts/officers in this regard.
Sd/-
Principal Chief Conservator of Forest (Head of Forest Squad)
2. Pursuant to the order dated 06.06.2022 passed in W.P.No.648/2022, Sri. R.K. Singh, the Principal Chief Conservator of Forests, Bengaluru is present. On the query as to why there has been delay in the process of transfer and failure of counselling, it is submitted by the Principal Chief Conservator of Forests(PCCF) that the job of developing a software to conduct online counselling was handed over to Karnataka State Electronics Development Corporation Limited(KEONICS) and that the development of a software by KEONICS in the midway faced some issues and the same has 8 been overcome and the development of software is nearing completion. That the details of, vacant and occupied posts, are being fed into the system and the anomaly would be set right by two weeks and consequently notifications and counselling would also follow and the process could be completed at the most within a period of a month of two. We were constrained to summon the officer as the singular ground of all the parties approaching this Court has been that the transfer has not been preceded by counselling in terms of the 2019 rules. We find that if the same is complied with in letter and spirit, a chunk of litigations could be avoided. The submission made by Sri. R.K. Singh, PCCF is placed on record and his appearance for further hearing is dispensed with. We hope that the submissions take form as expeditiously as possible and grievances are addressed in a rightful manner.
3. In the course of hearing, submissions of Sri. R.K. Singh, PCCF is placed on record, wherein it is averred that the process of notifying and carrying out the counselling, issuance of transfer postings would be completed in the matter in a month or two.
9
4. In that view of the matter and in view of the undisputed fact that the singular ground urged in many such petitions by Deputy Range Forest Officers is that, the counselling has not preceded the order of transfer, we find that it would be in the interest of justice that the parties be permitted to await the impending counselling, which the PCCF has promised would be completed in the matter in a month or two.
5. In that view of the matter, writ petitions are disposed of without expressing any opinion on merits canvassed therein by leaving all contentions open. The fact also remains that almost all the petitioners have not only completed their tenure, but it can be safely presumed that they have enjoyed an extended period in the place of posting.
Writ petitions stand disposed of by directing the parties to await the outcome of the impending proposed counselling.
No order as to costs.
Sd/-
JUDGE Sd/-
JUDGE *mn/-