Indian Kanoon - Search engine for Indian Law

Karnataka High Court

S N Gangadharaiah,K.A.S vs The State Of Karnataka on 4 September, 2013

Author: N.Kumar

Bench: N.Kumar

                               1

 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 04TH DAY OF SEPTEMBER, 2013

                          PRESENT

            THE HON'BLE MR. JUSTICE N.KUMAR

                            AND

        THE HON'BLE MR.JUSTICE V.SURI APPA RAO

           WRIT PETITION No.39217 of 2013 (S - KAT)

BETWEEN

S N GANGADHARAIAH, K.A.S.
S/O NINGAPPA
AGED ABOUT 58 YEARS
WORKING AS ADDITIONAL DEPUTY
COMMISSIONER, (SUPER-TIME SCALE)
BANGALORE URBAN DISTRICT,
OFFICE OF THE DEPUTY COMMISSIONER,
BEHIND CAUVERY BHAVAN
BANGALORE-01 AND R/AT NO.1391,
4TH A CROSS, 9TH MAIN RPC LAYOUT,
VIJAYANAGAR, II STAGE,
BANGALORE-40
                                             ... PETITIONER

     (By SRI NAGANAND S.S., SR. ADV. FOR M/S. JUSTLAW)

AND


1.     THE STATE OF KARNATAKA
       REP BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF PERSONNEL
       AND ADMINISTRATIVE REFORMS,
       (SERVICES-II)
       PORT AND INLAND NAVIGATION,
       VIDHANA SOUDHA,
       BANGALORE-560 001

2.     SRI. G.V. SEENAPPA
       S/O VENKATAPPA
                            2

    AGED ABOUT 59 YEARS
    NOW UNDER THE ORDER
    OF TRANSFER AS SECRETARY ,
    INFORMATION COMMISSION,
    BANGALORE
    AND R/AT NO.623/A,
    I MAIN, T BLOCK,
    RAJAJINAGAR,
    BANGALORE-10
                                      ... RESPONDENTS

(BY SRI P.S.RAJAGOPAL, SR. ADV. FOR SRI
M.NAGAPRASANNA, ADV. FOR C/R.2
SMT. S. SUSHEELA, AGA. FOR R1)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND  OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR THE ENTIRE RECORDS PERTAINING TO THE
CASE OF THE PETITIONER & QUASH THE ORDER
DT.29.8.2013, MADE IN APPLICATION NO.5397/13, ON
THE FILE OF THE HON'BLE TRIBUNAL VIDE ANN-B, AS
THE SAME SUFFERS FROM ERROR APPARENT ON THE
FACE OF THE RECORD AND ETC.

  THIS PETITION IS COMING ON FOR PRELIMINARY
HEARING THIS DAY, N. KUMAR J., MADE THE
FOLLOWING:-

                      ORDER

This petition is preferred challenging the interim order passed by the Karnataka Administrative Tribunal staying the transfer order of respondent No.2 from the present post to Information Commission pursuant to the notification dated 24.08.2012 and posting the second respondent in his place.

2. Stay was granted for a period of three months or until further orders whichever is earlier. However, it is made clear that if there are materials to show that the transfer of the second respondent was on complaints, the Authorities are at liberty to move for vacating the stay. It is against this order, the present writ petition is filed.

3. It was contended in the first place that it was not a transfer at all. The Tribunal has declined to look into the regulations, which are pointed out while granting stay, which is illegal and therefore, the stay order calls for interference.

4. As it is clear from the interim order of stay, it was granted only for three months or until further orders, whichever is earlier, that too, with liberty to the Authorities to seek vacating the stay order if there are any complaints against the second respondent. We therefore, find no justifiable grounds to interfere with the interim order passed by the Tribunal. There is no 4 merit in the petition and the same is dismissed. All contentions urged in this writ petition are kept open to be agitated before the Tribunal.

Sd/-

JUDGE Sd/-

JUDGE nvj