Karnataka High Court
Girijabai S Bandi vs The Additional Chief Secretary on 19 January, 2023
Author: G.Narendar
Bench: G.Narendar
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WP No. 25467 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT PETITION NO. 25467 OF 2022 (S-KSAT)
BETWEEN:
GIRIJABAI S BANDI
AGED ABOUT 53 YEARS
ACCOUNTS SUPERINTENDENT
O/O. THE COMMISSIONER
Digitally signed
by SUSHMA MANGALORE URBAN
LAKSHMI B S DEVELOPMENT AUTHORITY, MANGALORE
Location: HIGH PRESENTLY WORKING AS
COURT OF AUDIT OFFICER ON OPG BASIS IN
KARNATAKA
THE O/O. THE EXECUTIVE ENGINEER
PWD DIVISION BAGALKOT
...PETITIONER
(BY SRI. SHIVAYOGESH SHIVAYOGIMATH, ADVOCATE FOR
SRI. CHAMARAJ.M., ADVOCATE)
AND:
1. THE ADDITIONAL CHIEF SECRETARY
PUBLIC WORKS DEPARTMENT (SERVICES-B)
VIKASA SOUDHA,
BENGALURU -560001
2. THE CHIEF ENGINEER
C AND B (NORTH), DHARWAD
3. THE EXECUTIVE ENGINEER
P W D DIVISON, BAGALKOT
4. THE PRINCIPAL DIRECTOR
KARNATAKA STATE AUDIT AND
ACCOUNTS DEPARTMENT,
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WP No. 25467 of 2022
TTMC BUILDING, 3RD FLOOR,
A BLOCK, BMTC, SHANTHINAGAR,
BENGALURU -560 027.
5. THE ADDITIONAL CHIEF SECRETARY
FINANCE DEPARTMENT
VIDHANA SOUDHA, BENGALURU -560 001.
6. KUDAGI S S
S/O. SHANKARAPPA
AGED ABOUT 51 YEARS
AUDIT OFFICER
O/O. THE EXECUTIVE ENGINEER
PWD DIVISON, BAGALKOT
R/AT. NO. 122, HAKIM CHOUK
SHANTHINAGAR, NEAR SHEIK COLONY
VIJAYAPURA -586 101.
...RESPONDENTS
(BY SRI. SHOWRI H.R, AGA FOR R1-R5,
SRI G.T.KEEMAR., ADVOCATE FOR C/R-6)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO a) ISSUE AN ORDER IN THE
NATURE OF CERTIORARI, QUASHING THE ORDER DATED 07/12/2022
IN A.NO.3784/2022, VIDE ANNEXURE-C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, G. NARENDAR J., MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner.
2. It is the case of the petitioner that, respondent No. 6 was transferred to Mangalore and he proceeded to report to duty on 31.05.2022, the respondent No.3 did not permit him to report to duty and declined his -3- WP No. 25467 of 2022 representation. Thereafter respondent No.4 passed a transfer order by official memorandum dated 28.06.2022 in which the petitioner, who is Accounts Superintendent was transferred to her own pay grade (OPG) to the post of Audit Officer in place of respondent No.6 .
3. The said transfer order dated 28.06.2022, was challenged before the Karnataka state Administrative Tribunal in short- KSAT, by the respondent No. 6 in application No.3784/2022, which was quashed on 07.12.2022.
4. Petitioner being aggrieved by the order of the Tribunal has filed this writ petition praying to quash the order dated 07.12.2022 passed in Application No.3784/2022.
5. It is submitted by the learned counsel for the petitioner that the petitioner has suffered an accident and has been taking treatment. We find no details of the medical treatment. It is submitted that the petitioner has suffered a serious fracture, if that is so, Mangalore City -4- WP No. 25467 of 2022 possess the best medical facilities not merely at par with that of Bagalkot but with better facilities.
6. That apart, it is seen that the petitioner has been discharging duties in Bagalkot for quite a long time. It is also submitted that children are studying in PUC and pursuing degree course and they are grown up children and even according to the petitioner, Bagalkot being their native, we do not find it ground enough to interfere with the well reasoned order of the Tribunal.
The petition being devoid of merits is accordingly, rejected.
Sd/-
JUDGE Sd/-
JUDGE UN List No.: 1 Sl No.: 8