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Geeta I. Koulagi vs The State Of Karnataka on 13 February, 2019

Bench: Uday Umesh Lalit, Indu Malhotra

                                                                                                         1

     ITEM NO.1                                    COURT NO.7                        SECTION IV-A

                                      S U P R E M E C O U R T O F             I N D I A
                                              RECORD OF PROCEEDINGS

     Petition for Special Leave to Appeal (C) No.31854/2018

     (Arising out of impugned final judgment and order dated 02-11-2018
     in WP No.107015/2018 passed by the High Court Of Karnataka Circuit
     Bench At Dharwad)

     GEETA I. KOULAGI                                                                 Petitioner(s)

                                                            VERSUS

     STATE OF KARNATAKA & ORS.                                                        Respondent(s)

     (FOR ADMISSION                     and    I.R.;    and,   IA   No.173657/2018-EXEMPTION          FROM
     FILING O.T.)


     Date : 13-02-2019 This matter was called on for hearing today.

     CORAM :
                               HON'BLE MR. JUSTICE UDAY UMESH LALIT
                               HON'BLE MS. JUSTICE INDU MALHOTRA

     For Petitioner(s)                        Mr. S. N. Bhat, AOR
                                              Mr. M.A. Hulyal, Adv.

     For Respondent(s)                        Mr. Basava Prabhu S. Patil, Sr. Adv.
                                              Mr. Chinmay Deshpande, Adv.
                                              Mr. Anirudh Sanganeria, AOR

                                              Mr. V. N. Raghupathy, AOR

                                UPON hearing the counsel the Court made the following
                                                   O R D E R

The petitioner was transferred as Assistant Commissioner, Dharwad vide order dated 18.08.2018. Said transfer order was challenged by the present respondent no.4. The challenge having been negated by the Tribunal, writ petition was filed in which Signature Not Verified interim order was passed by the High Court on 02.11.2018, which Digitally signed by MUKESH KUMAR Date: 2019.02.14 18:24:47 IST Reason: order is presently under challenge.

Considering the fact that the present matter arises out of an interim order passed by the High Court, we deem it appropriate to request the High Court to dispose of the pending writ petition as early as possible and preferably within three weeks from receipt of copy of this order.

As a result of the interim order passed by the High Court, the petitioner is presently without any posting and at the same time going by the assertion made by the respondent State in its counter affidavit, the post of Joint Managing Director, Hubli Dharwad Smart City Project, Hubbali is still lying vacant.

Whatever be the position in the writ petition, in our view, public interest demands that an official should not be without any posting. The State may pass such orders in the nature of pro tem arrangement till the petition is disposed of. We have not expressed any opinion on merits and demerits of the respective contentions of the contesting parties. List this matter on 15.03.2019.

     (MUKESH NASA)                                   (SUMAN JAIN)
     COURT MASTER                                   BRANCH OFFICER