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2015 Supreme(Kar) 346

K.L.MANJUNATH, N.K.PATIL, B.S.PATIL
S. N. Gangadharaiah, K. A. S. – Appellant
Versus
The State of Karnataka – Respondent


Advocate Appeared:
For the Petitioner:M. Narayan Bhat, for M/s. Subba Rao & Co., Advocates.
For the Respondents:R1, Prof. Ravi Verma Kumar, Advocate General a/w R. Omkumar, AGA, R2, P.S. Rajagopal, Sr. Counsel a/w K. Puttegowda, Advocate.

Judgment

B.S. Patil, J.

1. This matter is referred to the Full Bench to consider the following question:

“Whether the Rules relating to ‘transfer’ contained in the KCSR override the Government Order dated 07.06.2013 and whether it is permissible to transfer a Government servant from one office to another office within the same headquarters in exercise of the power conferred in the Government Order dated 07.06.2013?”

2. The writ petition in which the order of reference to the Full Bench has been made, arises out of the order dated 10.12.2013 passed by the Karnataka Administrative Tribunal, Bangalore (for short, ‘the Tribunal’), whereby the Tribunal while allowing the application has set aside the notification dated 24.08.2013 issued by the State Government transferring the petitioner who was working as Special Deputy Commissioner, Bangalore North, Bangalore District and posting him to the place of 2nd respondent- as Additional Deputy Commissioner, Bangalore Urban District. The Tribunal, by order dated 10.12.2013 allowed the application and quashed the notification in so far as it pertained to the posting of 2nd respondent to the place of petitioner.

3. It was contended before the Divisio


























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