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2011 Supreme(Kar) 205

2012 (2) KCCR 1440
High Court of Karnataka (Circuit Bench At Dharwad)
D.V. SHYLENDRA KUMAR, J.
H.D. Shirnal
Versus
State of Karnataka & Others
Writ Petition No. 32621 of 2010 (S-TR) A/W Misc. W.No. 63221 of 2010 In Writ Petition No.32621 of 2010 (S-TR)
Decided On : 23-03-2011

Advocates Appeared:
For the Petitioner:Sunil S. Desai for Chandrakanth R. Goulay, Advocates.
For the Respondents:R3 - A.S. Patil, Advocate, R1 & R2 - Mahesh Wodeyar, AGA.

Headnote:CONSTITUTION OF INDIA - Article 226: [D.V. Shylendra Kumar, J] Writ petition - Maintainability - Challenge as to transfer and posting order of respondent to post of Chief Officer where petitioner was working - Petitioner though was already demoted from post of First Division Assistant to post of Second Division Assistant by virtue of interim order granted by Court, had managed to cling on to post of FDA - Petitioner, if was to get post of Chief Officer, had to first get promotion as Management and then get promotion as Chief Officer - But in guise of transferring him from post of FDA without any posting he was given double promotion to post of Chief Officer - Thus, he was not one holding post of Chief Officer, so as to challenge transfer and posting order of respondent - Petitioner, had approached Court with suppression of facts, misrepresentation and false affidavit sworn before Court - Writ petition dismissed.

Judgment :

1. Misrepresentations, false affidavits, misleading submissions by the litigants and misleading submissions by their Lawyers to cling on to a post, more so, if it is a productive post for Government officials, who indulge in rampant corruption, is the order of the day. Court orders are elicited interim orders, suppressing the real position, misrepresenting something else and based on the subsequent order so obtained; all sorts of atrocities are committed by government and quasi Government officials.

2. In this rat race, to keep positions, which are productive for such officials, no effort is spared, no stone is left unturned and Courts and Court orders are used as a means to achieve such objectives, thereby even bringing disrepute to the judicial system, which ultimately results in the litigant public and the members of the society in general, loosing faith and confidence in the judiciary.

3. The writ petition is not any different from this state of affairs, which prevails in our society. Writ petitioner approached this Court claiming to be a person working as Chief Officer, Pattan Panchayat, Bilagi, having so assumed the office as per an appointment order dated 15.06.2010 vide Annexure-A, which is a Government Notification No. (Kannada) dated 15.06.2010 issued in the name and as per the order of Governor of Karnataka, under the name and signature of one C.R. Ravindra, Under Secretary to the Government, Department of Urban Development, transferring as many as 23 persons, who were working either as Managers or Chief Officers in different town panchayats of the State to other town panchayats in the State to other town panchayats and to work in the transferred place as Chief Officers as per the resolution passed in the meeting of Karnataka Municipal Administrative Services Cadre Management Authority, held on 14.06.2010 and purporting to be in the interest of public administration.

4. In this notification name of the petitioner, figured at serial number 14 and mentions that he is a First Division Assistant, who is awaiting a posting and as per the order he is transferred and appointed as Chief Officer, Town Municipality, Bilagi in place of one Sri. V.S. Latni, who was working in the post as of then. It is the contention of the petitioner pursuant to this order that he took charge on the very next day as Chief Officer at Bilagi and was blissfully and peacefully working there and was jolted with rude shock in terms of another notification as per Annexure –C bearing no. (Kannada) dated 03.09.2010 issued under the name and seal of the very officer and also in the name and as per the order of the Governor of Karnataka, transferring and posting one Sri. B.M. Badiger, Manager, Town Municipality, Bagalkot, to the post of Chief Officer, Town Panchayats, Bilagi, where the petitioner was working and it is this notification which has given cause for presenting the writ petition before this Court.

5. In support of the writ petition it is urged that the notification at Annexure – C in so far as it disturbs the petitioner is concerned, is an improper, illegal and impermissible notification issued without due application of mind, particularly being one issued in the middle of an academic year and not really sub-serving any public or administrative reasons, is liable to be set aside.

6. It is also urged that a notification of this nature could not have been issued even without providing for a posting to the petitioner and leaving petitioner in lurch, particularly by disturbing the petitioner without a short time and during the middle of the year, that it suffers from bias and mala fides, that it is passed or issued more to favour the third respondent and on alleged grounds.

7. Writ petition was presented before this Court on 11.10.2010, the matter came up for preliminary hearing on 12.10.2010 when this Court issued emergent notice and granted interim stay for a period of 15 days. As per orders dated 27.10.2010 and 10.11.2010, interim























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