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2018 Supreme(Kar) 818

H.G.RAMESH, ASHOK G.NIJAGANNAVAR
RAJASHEKAR. M. S/O. M. GIDDAPPA – Appellant
Versus
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF BACKWARD CLASSES WELFARE VIKAS SOUDHA BANGALORE – Respondent


Advocates Appeared:
For the Petitioner: SRI B.S.MURALI, ADV.
For the Respondent: SRI I.THARANATH POOJARY, AGA, SRI RAVI H.K. FOR M/S.KANTHARAJA & ASSOCIATES, ADVS.

ORDER :

H.G.RAMESH, J.

1.Whether the Chief Minister has absolute discretion under Government Order No.DPAR 22 STR 2013, Bangalore, dated 07.06.2013 to give prior approval for premature/ delayed transfers referred to in para 9 thereof? This is the question that requires to be answered in this petition and it is answered in the negative. Under para 9(b) of the aforesaid Government Order, the Chief Minister, on perusal of the reasons recorded by the Competent Authority, may give his prior approval for premature/delayed transfer of a Government servant, only if he is satisfied that the case would fall under any of the circumstances stated in para 9(a)(i) to (viii) of the Government Order.

2. This writ petition is directed against the order dated 25.09.2018 passed by the Karnataka State Administrative Tribunal, Bangalore whereby it has allowed the application filed by respondent No.4 challenging the order of transfer dated 11.09.2018 insofar as it related to transfer of himself and the petitioner herein. The Tribunal, by the aforesaid order dated 25.09.2018, has set aside the order of transfer on the ground that it was premature.

3. The contention urged by the petitioner is that the Tribuna
























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