The main legal point established in the judgment is that the transfer and posting of government officers should adhere to guidelines and should not be influenced by political interference.

ORDER :

The instant writ petition assails the order dated 20.12.2019 passed by the Karnataka State Administrative Tribunal (hereinafter referred to as the ‘Tribunal’ for short), Kalaburagi, in application No.6785 of 2019, whereby the Tribunal dismissed the application filed by the petitioner-applicant challenging his order of transfer and posting.

2. Shorn of unnecessary details, the skeletal material facts necessary for appreciation of the controversy are as follows:

The petitioner and the 2nd respondent, are both employees of the Department of Public Works, Water Resources and Inland Water Transport. By a notification, dated 8.11.2019, the petitioner, who was in the cadre of Executive Engineer, was placed on independent charge under Rule 32 of Karnataka Civil Service Rules, (for short ‘KCSR’), in the cadre of Superintending Engineer. The name of the petitioner was found at Sl. No.34 in the said list. The Government, while placing the petitioner on independent charge under Rule 32 of the KCSR, posted him as Superintending Engineer, PWD Circle, Kalaburagi, in place of the 2nd respondent.

3. On the same day, by a separate notification, the 2nd respondent, who was working as Superintending Engineer at PWD Circle, Kalaburagi, was transferred without a posting and was directed to report to the Water Resources Department. Both the above mentioned notifications had the prior approval of the Hon’ble Chief Minister.

4. On the same day, yet again, by another notification, the posting of the petitioner as Superintending Engineer, PWD Circle, Kalaburagi, was kept in abeyance. This was challenged by the petitioner before the Tribunal in application No.6785 of 2019. The Tribunal, while entertaining the application, by way of an interim order, permitted the petitioner to report to duties. On the strength of the interim order granted by the Tribunal, the petitioner assumed charge of the post on 11.11.2019 (Annexure-A7). Finally, the Tribunal, by its order dated 20.12.2019, held that the petitioner, being an Officer under Rule 32 of KCSR, could not disturb the 2nd respondent who was the regular appointee to the post of Superintendent Engineer, and dismissed the application. Aggrieved by the order dated 20.12.2019, the petitioner-applicant before the Tribunal has filed the instant writ petition.

5. We have heard Sri M.S. Bhagwath for Sri Ravi B. Patil and Sri Pruthveesh M.H., learned Counsels appearing for the petitioner, Sri I. Taranath Poojari, learned Additional Government Advocate appearing for respondent No.1 and Sri D.L. Jagadeesh, learned Senior Advocate appearing for caveator-respondent No.2.

6. The facts that are not in dispute are that the petitioner, who is in a substantive cadre of Executive Engineer, on his independent charge arrangement under Rule 32 of KCSR was posted to the place of the 2nd respondent, namely Superintending Engineer, PWD Circle, Kalaburagi. On the same day, two other notifications were issued, the first notification was posting the 2nd respondent who was working as Superintending Engineer, PWD Circle, Kalaburagi, to go and report to the Water Resources Department and no place was shown to the 2nd respondent. Another notification, the order of posting the petitioner was kept in abeyance. The petitioner challenged the notification, insofar as it pertains to keeping his transfer and posting in abeyance, before the Tribunal in application No.6785 of 2019. The Tribunal by its order dated 9.11.2019, directed the petitioner to take charge of the post. In terms of the interim order granted by the Tribunal, the petitioner took charge of the post of Superintending Engineer, PWD Circle, Kalaburagi on 11.11.2019. The Tribunal, after hearing the parties and considering the material available on record, dismissed the application by order dated 20.12.2019.

7. Learned Counsel for the petitioner would contend that the notification