Back
2025 Supreme(Online)(KAR) 6124
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
MR. JUSTICE B.M.SHYAM PRASAD, MR. JUSTICE RAMACHANDRA D. HUDDAR, JJ
Chandrakant Sharanappa Karur Son Of Sharanappa Karur – Appellant
Versus
State Of Karnataka Rep. By Its Additional Chief Secretary – Respondent
WRIT PETITION NO. 106237 OF 2024 (S-KAT)
For the Appellant :SRI. SHARANABASAVARAJ C.S., SRI. KUSHAL N. KAMBLE, AND SRI. M.MADHUSUDHAN, ADVOCATES
For the Respondent:SRI. G.K. HIREGOUDAR, PRL. GOVT. ADV. FOR R1 TO R3; SRI. P.S. RAJAGOPAL, SENIOR COUNSEL FOR SRI. B.O. ANILKUMAR, SRI. VINAYAK S. PANDIT AND SRI. SHARAT KUMAR B.G., ADVOCATES
A government servant given independent charge under Rule 32 of the Karnataka Civil Service Rules must be posted to a vacant post; failure to comply invalidates the posting.
Headnote:(A) Karnataka Civil Service Rules - Rule 32 - Writ petition challenging the Tribunal's order allowing the fourth respondent's application and quashing the notification directing the petitioner to handover charge - The Tribunal found that the petitioner was not posted against a vacant post, violating Rule 32, which mandates that a government servant given independent charge must be posted only to a vacant post. (Paras 4, 8.1, 8.3)
(B) Transfer Guidelines - The Tribunal noted that the impugned notification was issued without the Chief Minister's approval, violating the Transfer Guidelines, which require such approval for transfers after the general transfer period. (Paras 3, 4)
Facts of the case:
The petitioner and the fourth respondent were both appointed as Executive Engineers under the Department of Minor Irrigation and Ground Water Development, with the fourth respondent's posting being quashed by the Tribunal due to procedural violations regarding transfers and postings.
Findings of Court:
The Tribunal ruled that the petitioner’s posting violated Rule 32 of the KCSR as he was not appointed to a vacant post, and directed the second respondent to provide a suitable posting to the petitioner within three days of reporting for duty.
Issues: The main issues were whether the petitioner was validly posted under Rule 32 of the KCSR and whether the notification was issued in compliance with the Transfer Guidelines.
Ratio Decidendi: The court upheld the Tribunal's finding that the petitioner’s posting violated Rule 32, emphasizing that a government servant must be posted to a vacant post to hold independent charge.
Result: Writ petition dismissed.
CAV ORDER
(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The petitioner, who is the fourth respondent in the application in No.11059/2024 on the file of the Karnataka State Administrative Tribunal, Belagavi [‘the Tribunal’], has filed this writ petition calling in question the Tribunal’s order dated 21.10.2024. The Tribunal, by this impugned order dated 21.10.2024, has allowed the fourth respondent’s application quashing the second respondent’s notification directing the petitioner to handover the charge to the fourth respondent forthwith and to report with the second respondent for further posting. The Tribunal has further directed the second respondent to provide a suitable posting to the petitioner within a period of [3] three days from the date the fourth respondent reports for further posting.
2. The petitioner and the fourth respondent are given independent charge of the posts of the Executive Engineers with the second respondent [the Department of Minor Irrigation and Ground Water Development] under Rule 32 of the Karnataka Civil Service Rules [KSCR]. The fourth respondent is given such charge on 03.08.2022, and the petitioner is given the charge on 13.03.2024. The present dispute is because of the notification dated 05.09.2024, and the second respondent has issued this notification posting the petitioner to the post of the Executive Engineer, Minor Irrigation Department, Belagavi Division stipulating that the fourth respondent [who was in such post], is repatriated to his parent department [the Department of Water Resources]. This notification dated 05.09.2024 is preceded by a series of applications with the Tribunal involving both the petitioner and the fourth respondent. The details of these applications must be set forth.
The details of the application involving the fourth : respondent are
2.1 Application in No.10270/2023: The fourth respondent, consequent to being given independent charge under Rule 32 of the KCSR after the DPC recommendation, is posted as the Executive Engineer, Minor Irrigation Division, Belagavi on 29.08.2022. The second respondent has withdrawn this posting on the ground that there were complaints against the fourth respondent, who has filed the afore application calling in question this decision to withdraw his posting. The Tribunal has allowed this application on 21.09.2023 quashing the notification dated 07.03.2023 essentially opining that an inquiry had to be begun if there were complaints, but the petitioner could not have been transferred.
2.2 Application No.11096/2023: On 18.10.2023, Sri. B.S. Patil has replaced the fourth respondent. The fourth respondent has successfully challenged the notification dated 18.10.2023 in this application. The Tribunal has allowed the application quashing the notification directing the second respondent to continue the fourth respondent in his present place of posting until the completion of his minimum tenure. The Tribunal has essentially intervened on the ground that Sri. B.S. Patil, who is given independent charge as an Executive Engineer, could only be posted against a vacant post.
The details of the application involving the petitioner are:
2.3 Application No.20788/2024: The petitioner, with being given independent charge under Rule 32 of KCSR on 30.03.2024, was waiting for posting until the notification dated 15.07.2024 issued by the Department of Water Resources placing his services with the second respondent to be posted as the Executive Engineer of its Vijayapura Division in the place of Sri. Shantappa S. Koli, whose services are placed with the Department of Water Resources. The petitioner on 15.07.2024 has reported to duty with the Department of Minor Irrigation and Ground Water Development, Bangalore. However, Sri. Shantappa S. Koli has filed Application in No.20788/2024 calling in question this notification dated 15.07.2024.
2.4 During the pendency of this application on 27.08.2024, the notification dated 15.07.2024 insofar as Sri. Shantappa S. Koli
