§N THE HIGH COURT op' KARNATAKA AT "
DATED THIS THE 3rd DRY £2.13' J{JL1'_r""' «V
PRESESIT Q V
THE HOWBLE MR. P.n."m:NAKARA1§§,
THE H0N'BLE-- TQTR.J1;:;%~:T1<§'1:jT',§r;§f;;TsABHAHrr
WRIT PETITIGTT No,fs:a2b.é)
1 SR1" cHELU';VARAYAsWAMY N
S/. oL.AT";~;"N_AR_Aa-fiMHEGOWDA
'9REsENT'Aj_aDRE::s
EJJAIAGHATTTAV VILLAGE
_ NAGAMANQALA TALUK
V MAND'YA_VDISTRICI'
1._H0.N BLE 'hr'-fii'€'IS'T}3R FOR TRANSPORT
AGOVTT. 01:' KARNATAKA,
"»xrIDHAr»:.A SOUDHA,
1 ""E3g'¥.,1?I(?+;fkE;{3RE--}.. PEFITIONER
;-Ti S RAVI, ADVOCATE. )
" 19 THE STATE OF KARNATAKA
REP BY ITS PRL SECY
DEPARTMENT OF' TRANSPORT
VIDHANA SOUDHA
EAN GALORE-5600f} 1
2 THE COMMISSIONER FOR
TRANSPORT IN KARNATAKA _
M.S. BUILDINGS
BANGALORE '
3 THE STATE ELECrION"O{;OMMISS:0I~:,--
RERBY ITS SE_CRE'I'ARY,'~.__ '
No.8, cUNNINGI~.1_AM~"ROAi), _
BANGALORE, -- 1
4 RM. SH~.'£NBHA(}"'» .
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mv,
KOLAR--C§:QLD- FiELfTJ- _"
"K'O--LA'.'£2 DI;€.¥;'E'RIU.F"-
5 "r_N.°M. SUBBAIAH " "
3.10 N. M-!,}'TH'k'xPPA
MAJOR ' A v
IMV, I2<.'r;O'.'
(3HI'FRADL}.R_C.}A DISTRICT. RESPONEDENTS
' V' _ Sir: :I3A{EaRAPPA GA. )
:jj'i*.I:;¥Iré IS FELED PRAYING T0 QUASH THE
= AGRDERZSTH JANUARY 2008, MADE IN APPLICATION
M). 426_9}'2007 PASSED BY THE HONBLE KARNATAKA
A!iWIl"P{IS'i'RA'I'IVE TRIBUNAL, BANGALORE.
This Writ petition coming up for Pu:-1in1i11axy Heazéng 0&1
day, SABHAHYI' .:I., made the following.
ORDER
This writ petition is fiied by mspondent No.3-
Cheluvarayaswamy, being aggrieved by the order dated
M3
23.1.2003 passed by the Ka1nata}ga Administi}¢fj§e Tzibufgaz
(hereinafter called ‘the .1
119.4259; 2007 in so far as.-mg Tri1i:1n al has: céstggr
Rs.1,000;’~ to be deposited’v:L’Lie£’.V’ Legal
Services Authority fietétioner herein
within thirty days of the Tzibunal
(23.1.2oos);_~£aigi;=:g ‘secretary of the said
Authofit§_is.;:é¢. atifién for its recovery as per
law;
No.4269/ 200′? was filed by
I$E;M.$§1E:’;;ajali#’1es1:)o31dent No.5 herein being aggfieved by
‘ fiche eufier’ .a::$i’vt1fansfer dated 3.9.2007 in the cadre of Meier
H ‘– (MVI) in the Transport Department It was
<:;:$3mz:ei§,gIec1": by the applicant that on 6.5.2096 he was
V " fiom Koppal £9 Mysore and again he was
"'V.vVf:'afisfefzeci firm: Mysore to Chitraéurga an 24.53200? ané
noW, impugncxi order of {transfer dated 3.9.2007 he was
transferred to KC}? fiom Cifittadurga and the impugned
J'
transfer has been made in vioiation of j
guidelines and G05 dated 22.1i*4…20o1"«.}7e%1;e
instance of the third mspofiaient-concerruled The
writ petitioner herei,11__w11o role to play; say ifi the
scheme of transfer playing a pivotal role
' for money flovmv in ,;i'},§V1'z1"1;.he behest] request
of his faxfofiied respondent.
weé””1esismd by the respondent
State’>_eo::ften¢::1ij1:§g of transfer has been passed in
accoxdaifiee with-__léxv»’ following the procedure and the
c_u’iie1j’o;f_ n”a.i1Sfe.r._._.r3zoes not call for interference in the
~ ;apii¢;ae:aq;g.”e’r1;e Trribunal by order dated 28.1.2008 held that
H * é:'”p:m- circumstances, application No.4266/200?
a§s,9oggd”{§f by the ‘Tribunal on 28.1.2068 wherein fiequent
V ” Exzgosyfer has to be made, the sme have been set aside by
cost of Rs.I,O00/– payable by the third zespcmilent
¥t3y order dated 3.9.2007 and following the said order, the
Tribunal held that the impugned order of transfer is liable to
U’:
be set aside and further directed that the
petitioner herein to deposit Rs.1,000/-
State Legal Services Authority:’a’f 7. AV
days finm the date of the 01133; feehich, VV
Secxetaxy of the Authozity for its
zecovexy as per law.
4. Being aggxicyggi oi:de1″~:V._’cgf’–V’the tribunal in so
far as’ it’ diveétiozi to the writ petitioner to
depdseit /$9′ be deposited in the Karnataka
State Aeithoxity at Bangalore within thirty
from th锑date«vof the order, this Writ petifidn is filed
, ; ‘<;:31:11isa:;;n,i'1'i.r:1g« 'that though the third respondent was made a
H * Ax;')art5»;'it.§;A–'i}';_1eA',§hifipIica1:io}:1 by name, it has not been proved that
fifiipfigeed order of transfer was vitiatcd by any conduct
" o::_ the {miter was passed at the instance «of the Writ
fiefifioner. Baselcss allegations have been made against the
writ petitioner herein and 130 finding has been given and
even in the absence of any finding that the impugned order
'J3
the application before the Tribunal' Lhougll j 2
made that the said transfer has
of the writ petitioner hereifiV.ys%h.o Wes"
Txaxlsport, the said 119; all It
is also clear from passed by the
Tribunal thatfihe ihat the allegation
of against him being
very particulars cannot be
the perusal of the order that the
Tn;bu§ia1L'has' impugned order following the
onjler pas§ed'g:1vAp1§2ic:;eon No.4266/200'? dated 23.1.2003
. "otjder ofmltransfer efiecfing premature transfers
the applicant to serve in a place till the
of ofice is vitiated. There is no finding given by
the that the transfer was effected at the instance of
V' petitioner herein who was Working as Minister for
Trajssport at the relevant nine. The order passed by the
Tribunal would also show that the Tribunal has followed the
earlier decision. in Application No.='~'i~266]2Q(}7 dates
\.«°~
28.1.2008. The said finding of the Tribunal _'4;'\Lg§p4§'icf#§ti9n
No.4266/ 2007 was challenged in VV
No.9202/ 2009 and the same has @5663 :by 'ofc1cr' i AV
dated 3.7.2009 by hokiing for t1£eV_'r;¢a:éjo;ns"e~._:§sign.:d –L£he§we;5:;
that the direction to they iésgidndexit
before the Tribunai t() dCpQ,'»3it offis. 1:000] – with
the Karnataka State within tl:u1ty'
days from alt: of has been set aside
and » '1*::§$Qn assigxleci by the Tribunal in
Appiicéttiéné of on 28.1.2008 is no
lo'I31'g<':r_ .avaiiab1§:'f'c')r éirdfifing payment of cost in the present
" Hiifilowing the reasoning in the said writ
&iv§T::.;51d that this Writ petition is also entitled to be
é11OW¢d' so far as it relates to dimction. to the Writ
AA yefifiazier to cost of Rs.1,000/- with the Kanziataka State
Services Authority at Bangalore within thirty days fmm
the date of order is set aside. Accordingly, we pass the
following curler:
\.?’
10
The writ petition is allowed_, Th: dixfééfibfi 2
impugned order passed by tfic ‘E’rib:iznAa l Af;:3;1’3.;ic.i’;*:;3′;1:oI1 .
M42591 2007 dated 28.1.r2tmg in fa: as=gi¢1:;-e.-(:15 the ‘waft’
petitioner herein to deposi.tfi”L:_;;{~ with the
Karnataka State _’A.;.§Lhg)fit}r at Bangalore
within thirty days fivgm, .:j.q¢%.d§;§g; fig: fajiing which the
Member is at liberty to take
action fog’ gs aside.
…. .. .. . .
Chief Justice
_____
Judge
I1§i’:1:~;§:;’: f{e’s} No
” Wgb goat: Yes] No