The main legal point established in the judgment is that a transfer made during the general transfer period and with the prior approval of the Chief Minister, in compliance with the Transfer Guidelines 2013, is valid and not subject to judicial review unless there is a violation of the guidelines or malafide exercise of power.

JUDGMENT

Pradeep Singh Yerur, J. - Petitioner has sought for quashing of the order dated 17.06.2020 passed by the Karnataka State Administrative Tribunal at Bengaluru (in short 'the Tribunal') in Application No.1667/2020 at Annexure-A, whereunder application filed by the petitioner challenging his order of transfer dated 11.05.2020 came to be dismissed.

2. We have heard Mr. Ashok Haranahalli, learned Senior counsel appearing on behalf of Sri Anoop Haranahalli for petitioner, Mr.V.Lakshminarayana, learned Senior counsel on behalf of Sri Ashwin Kumar for respondent No.3 and Mr. Dhyan Chinnappa, learned Addl. Advocate General appearing on behalf of the respondent No.1 and 2 State, through Video Conferencing and they have agreed that the audio and video is proper and in good quality.

3. The brief facts of the case are as follows:

a) It is the case of the petitioner that he was working as Assistant Commissioner, Doddaballapura Sub-Division, Doddaballapura since 20.09.2018 pursuant to order dated 15.09.2018 passed by the respondent No.2 and prior to this position petitioner had completed his term as Assistant Commissioner, Karnataka State Highway Improvement Project (K-ship), Bengaluru between 11.08.2015 and 15.09.2018.

b) Respondent No.1 by order dated 19.08.2019 posted one Mr. B.R.Harish, to the post of the petitioner without passing any order with respect to place of posting to petitioner. It was the grievance of the petitioner that he had not completed the requisite period as contemplated in the transfer guidelines. The said transfer was illegal transfer and accordingly he challenged the said transfer order dated 19.08.2019 before the Tribunal by filing the application No.5079/2019. Subsequently, the respondent No.2 prematurely transferred the petitioner during the pendency of the said application before the Tribunal to the post of Special Land Acquisition Officer, KIADB, Dharwad by an order dated 06.09.2019 and the petitioner challenged the said order by filing another application before the Tribunal in Application No.5580/2019. Tribunal heard both the applications and passed a common order and allowed the applications filed by petitioner on 13.09.2019 on the ground that said orders of transfer were pre-mature.

c) Being aggrieved by the said order Sri B.R. Harish challenged the same before this Court in W.P. No.44032/2019 and this Court was pleased to remand the matter back to the Tribunal vide order dated 23.09.2019 with a direction to consider the case of the respective parties after receiving the statement of objections and perusing the records of the Government and to pass suitable orders. Thereafter Tribunal disposed of the application by an order dated 04.10.2019 reiterating the earlier final order dated 13.09.2019. It is stated that said B.R.Harish again challenged the said order by filing another writ petition in W.P. No.49927/2019. However, during the pendency of the said writ petition, said B.R.Harish was given a posting order and writ petition was disposed of on 19.11.2019 as grievance of the petitioner had been addressed.

d) It is the case of the petitioner herein that by revised Official Memorandum dated 08.04.2020, petitioner was designated as Member of the Containment Committee of COVID-19 and also as Member of Quarantine Infrastructure Team and Member of Consumable Management (Procurement) Committee vide a Memorandum dated 17.04.2020. Petitioner was also placed incharge of prevention of COVID-19 and was designated as Sub-Division Incident Commander, which was subsequently modified as per Memorandum dated 25.05.2020 as Member Consumable Management and Committee to oversee the availability of drugs and essential medical equipment for control of Corona virus.

e) It is the case of the petitioner that he was transferred prematurely by order dated 11.05.2020, though he had not completed his minimum tenure of two years at the present post as Assistant Commissioner, Doddaballapur Sub-Division, Doddaballapur; it is his fu