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IN THE HIGH COURT OF KARNATAKA
L. NARAYANA SWAMY, R. DEVDAS, JJ.
Dr. B.R. Harish KAS (Junior Scale) – Appellant
Versus
State of Karnataka and Others – Respondents
Writ Petition No. 44032 of 2019
Decided On : 23-09-2019
Karnataka Administrative Tribunals Act - Section 15 - Principle of law – Employment and service - Whether prior approval of Humble Chief Minister was obtained - Whether impugned order or transfer is justifiable or liable to be set aside - It is pertinent to note that it is only operative portion of final order passed by Tribunal has been made available in and - Hence petitioner has produced only operative portion which was made available - Learned Senior Counsel for petitioner submits that Tribunal has hurriedly proceeded to pass said order - In Application filed by third respondent initially notice was issued and interim order was not granted - Respondents were directed to file statement of objections and in compliance petitioner had filed statement of objections and respondent-Government neither filed statement of objections nor produced records - Matter was further adjourned to Thereafter impugned order has been passed – Held, Administrative Tribunal is a creature of a statute - Under Section 15 of Karnataka Administrative Tribunals Act Tribunal has powers of all Courts except Supreme Court - However Tribunal is required to pass orders by meeting requirements under Constitution and statute which governs functioning of Tribunal – Court have rarely come across orders like one passed by Tribunal where order in form of operative portion of final order was released without providing reasons - Normally while dealing with a transfer order Courts or Tribunals are not dealing with constitutional issues or dealing with validity of statutory provisions - It is answering few grounds which are urged based on submissions of contesting parties - It is normally expected that Tribunal should make available entire text of order - However as noticed earlier in present case Tribunal has made available only order sheet containing operative portion - Entire text should be made available by Tribunal since parties have a right to challenge orders passed by Tribunal - Another reason is that party who has succeeded in obtaining such an order from Tribunal may file contempt petitions seeking implementation and aggrieved party will be gravely prejudiced in not being able to formidably challenge such orders passed by Tribunal in absence of full text - Without giving opportunity Tribunal has directed petitioner-Third respondent to hand over charge of the post to applicant immediately, failing which applicant was permitted to assume charge of said post – Such positive directions without sufficient material on record cannot be countenanced - Under these circumstances court hold that impugned order in Application is liable to be set aside - Accordingly order passed by Karnataka State Administrative Tribunal is set aside and court remit Application to Karnataka State Administrative Tribunal with a request to reconsider case of respective parties after obtaining statement of objections and also records from Government and pass orders in accordance with law - Writ petition is allowed
ORDER :
1. The third respondent herein approached the Karnataka State Administrative Tribunal (hereinafter referred to as the Tribunal' for short) in Application No.5079/2019 challenging the order dated 19.08.2019 and seeking to set aside the order permitting the third respondent to continue in the same post. The said Application was allowed on 13.09.2019 directing the third respondent therein i.e., the petitioner herein to handover charge of the post to the applicant immediately, failing which the applicant-third respondent herein was permitted to assume charge of the said post, and further, respondent No.3 before the Tribunal-petitioner herein was directed to report before respondent No.1 and to seek order of postings. Vide transfer order dated 15.09.2018 the third respondent was transferred to Doddaballapur and the third respondent again was transferred to Dharwad by order dated 06.09.2019. The Original Application No.5580/2019 along with O.A.No.5079/2019 came to be allowed. The order dated 13.09.2019 passed by the Tribunal in O.A.Nos.5079/2019 and 5580/2019 reads as under:
(i) Application No.5079/2019 is allowed and the impugned order bearing No....../2019, dated 19.08.2019 at Annexure A3 on the file of Respondent No.1, in so far as it relates to posting of Respondent No.3 to the post of the applicant, is quashed. Respondent No.3 is directed to handover charge of the post of the applicant immediately, failing which applicant is permitted to assume charge of the said post. Further, Respondent No.3 is directed to report before Respondent No.1 and seek posting order. Consequently A.No.5580/2019 is allowed and the impugned order bearing No....../2019, dated 06.09.2019 at Annexure A4 on the file of Respondent No.1, in so far as it relates to posting of the applicant as Special Land Acquisition Officer, KIADB, Dharwad, is quashed."
It is this order of the Tribunal which is challenged before this Court.
2. It is pertinent to note that it is only the operative portion of the final order dated 13.09.2019 passed by the Tribunal has been made available, in O.A.No.5079/2019 and 5580/2019. Hence the petitioner has produced only operative portion which was made available.
3. Sri A.S.Ponnanna, learned Senior Counsel for the petitioner submits that the Tribunal has hurriedly proceeded to pass the said order. In the Application filed by the third respondent, initially notice was issued on 26.08.2019 and interim order was not granted. The respondents were directed to file statement of objections and in compliance, the petitioner had filed statement of objections and the respondent-Government neither filed statement of objections nor produced the records. The matter was further adjourned to 03.09.2019. Thereafter on 13.09.2019 the impugned order has been passed.
4. It is the submission of the learned Senior Counsel that while passing the impugned order, statement of objections filed by this petitioner had not been considered and no discussions have been made. Further, the respondent-Government has not filed statement of objections and no records are secured. Hence there was no occasion for the Tribunal to examine the matter with reference to the grounds taken in the statement of objections. On this ground, learned Senior Counsel for the petitioner submits that though the order was dictated in the open Court only the operative portion of the final order or the order sheet of the said Application has been made available and hence the order passed by the Tribunal is not in detail and it is a cryptic order.
5. The Tribunal while passing the order ought to have discussed with reference to the grounds urged in the Application and the contentions raised in the statement of objections filed by the contesting respondents. But in the instant case, no such references have been made nor any discussion has been made. Secondly, learned Senior Counsel submitted that if at all the petitioner or the applicant was entitled for re
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