Karnataka High Court
Sri B Gnanaprakash vs The State Of Karnataka on 5 July, 2024
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NC: 2024:KHC:25470-DB
WP No. 14180 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 14180 OF 2024 (S-KSAT)
BETWEEN:
SRI B GNANAPRAKASH,
S/O BALUSWAMY,
AGED ABOUT 47 YEARS,
WAS WORKING AS INSPECTOR OF EXCISE,
OFFICE OF JOINT COMMISSIONER OF EXCISE,
21ST FLOOR, V V TOWER,
BENGLAURU DIVISION (SOUTH),
BENGLAURU - 560 001,
NOW UNDER AN ORDER OF POSTING AS,
INSPECTOR OF EXCISE, SARAHADDINADODDI
EXCISE CHECK POST, KANAKAPURA TALUK
RAMANAGARA DISTRICT- 562117,
Digitally signed by RESIDING AT NO. 15, C/O RAVIKANTHA,
C HONNUR SAB
Location: HIGH
OPPOSITE LURDU SCHOOL, CUBBONPET,
COURT OF BENGALURU - 560 008.
KARNATAKA
...PETITIONER
(BY SRI PRITHVEESH M K, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF FINANCE (EXCISE),
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU -560 001.
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NC: 2024:KHC:25470-DB
WP No. 14180 of 2024
2. THE COMMISSIONER OF EXCISE,
2ND FLOOR, TTMC A BLOCK,
BMTC BUILDING, SHANTHINAGAR,
BENGALURU 560 027.
...RESPONDENTS
(BY SRI VIKAS ROJIPURA, AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS FROM RESPONDENTS b) SET ASIDE THE
IMPUGNED ORDER DATED 08.04.2024 PASSED BY THE
HON'BLE KSAT AT BENGALURU IN A.No-279/2024 (ANNEXURE-
A) AND CONSEQUENTLY ALLOW THE APPLICATION OF THE
PETITIONER AS PRAYED FOR BEFORE THE HON'BLE TRIBUNAL
IN A.No-279/2024 (ANNEXURE-B) TO MEET THE ENDS OF
JUSTICE
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ANU SIVARAMAN J., MADE THE FOLLOWING
ORDER
Heard the learned counsel appearing for the petitioner as well as learned Government Advocate appearing for the respondents.
2. This Writ Petition is filed challenging the order of the Tribunal dated 08.04.2024 dismissing the application filed by the writ petitioner challenging his transfer from the post of Inspector of Excise, Bangalore Division (South), Bangalore to Kanakapura Taluk, -3- NC: 2024:KHC:25470-DB WP No. 14180 of 2024 Ramanagara district. The petitioner had continued at Bangalore on the strength of interim order.
3. It is submitted by the learned counsel appearing for the petitioner that the petitioner has submitted a representation on 05.06.2024 seeking retention at Bangalore in view of the fact that the incumbent of the post had not completed his tenure in the said post.
4. Having considered the contentions advanced and having heard the learned counsel on either side, we are of the opinion that it is for the Government to consider the request for transfers and postings of the officers in accordance with the policy decisions taken by them.
5. In case, a representation is preferred before the Government by the petitioner seeking retention on a posting, it shall be considered in accordance with law at the relevant point of time.
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NC: 2024:KHC:25470-DB WP No. 14180 of 2024
6. Accordingly, the Writ Petition is disposed of.
Sd/-
JUDGE Sd/-
JUDGE GVP List No.: 1 Sl No.: 19