IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF DECEMBER, 2021

BEFORE

THE HON9BLE MR.JUSTICE S.G.PANDIT

WRIT PETITION No.19372/2021 (S-TR)

BETWEEN:

SRI K.R.KUMAR NAIK

S/O RAJENDRA NAIK

AGED ABOUT 37 YEARS

WORKING AS EXECUTIVE ENGINEER

OFFICE OF EXECUTIVE ENGINEER

OPERATION AND MAINTENANCE DIVISION

BANGALORE ELECTRICITY

SUPPLY COMPANY LIMITED

NELAMANGALA-562 123.

...PETITIONER

(BY SRI M.S.BHAGWAT, ADV.)

AND:

1. KARNATAKA POWER TRANSMISSION

CORPORATION LIMITED

REP. BY ITS MANAGING DIRECTOR

CAUVERY BHAVAN, K.G.ROAD

BANGALORE-560 009.

2. THE DIRECTOR

(ADMINISTRATION AND HUMAN RESOURCES)

KARNATAKA POWER TRANSMISSION

CORPORATION LIMITED

HEAD OFFICE, CAUVERY BHAVAN

K.G. ROAD, BANGALORE-560 009.

2

3. SRI C. BASAVANNA

MAJOR

WORKING AS EXECUTIVE ENGINEER (ELECTRICAL)

T.B.C., S.L.D.C.,

KARNATAKA POWER TRANSMISSION

CORPORATION LIMITED

BANGALORE-560 001.

&.RESPONDENTS

(BY SRI SRI S SRIRANGA, ADV. FOR R1

SRI P.S.RAJAGOPAL, SR.COUNSEL A/W

SMT. ASHWINI RAJAGOPAL, ADV. FOR C/R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR

RECORDS FROM THE R2 IN RESPECT OF THE IMPUGNED

ORDER DATED 26.10.2021 ANNEXURE-F AND QUASH THE

IMPUGNED ORDER DATED 26.10.2021 PASSED BY THE R2

ANNEXURE-F.

THIS WRIT PETITION HAVING BEEN HEARD AND

RESERVED

ON

08/12/2021

COMING

ON

FOR

PRONOUNCEMENT THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

The petitioner is before this Court under Article 226

of the Constitution of India questioning the correctness

and legality of O.M. bearing No.PÀ«¥À椤/©100/13608/2020-21

dated 26.10.2021 (Annexure-F), by which the petitioner is

transferred from O & M Division BESCOM, Nelamangala

3

without providing any posting and posting 3^rd respondent

in petitioner9s place.

2.

Heard Sri M.S.Bhagwat, learned counsel for the

petitioner,

Sri

S.

Sriranga,

learned

counsel

for

respondents 1 and 2 and Sri. P.S.Rajagopal, learned

Senior Counsel for Sri Jayant Devkumar, learned counsel

for respondent No.3. Perused the writ petition papers.

3.

Learned counsel for the petitioner would submit that

by notification dated 15.03.2021, the petitioner was

placed in charge of the post of Executive Engineer and was

posted to work at O & M Division, BESCOM, Hoskote,

where the 3^rd respondent was working. The 3^rd

respondent was transferred from Hoskote and was posted

to O & M Division, Nelamangala. By O.M. dated

18.03.2021 (Annexure-B), notification dated 15.03.2021

was modified and petitioner was posted as Executive

Engineer, Rural Works Division, O & M Rural Circle

Office, BESCOM, Bangalore and 3^rd respondent was

4

posted from Nelamangala to SLDC (TBC-1), KPTCL,

Bangalore, where the petitioner and respondent No.3

reported to duty. On the request of the petitioner, he was

transferred

from

Rural

Works

Division,

BESCOM,

Bangalore to O & M Division, BESCOM, Nelamangala

under OM dated 27.07.2021, where the petitioner reported

to duty on the same day and took charge from one

Sri Gangaraju B.T., Executive Engineer. Subsequently, by

impugned O.M. dated 26.10.2021 (Annexure-F) the 3^rd

respondent was posted in place of the petitioner at

Nelamangala without providing any posting to the

petitioner.

4.

Learned counsel for the petitioner contends that

transfer of the petitioner is totally premature and opposed

to the transfer guidelines dated 07.06.2013 which is held

to have statutory force by the Full Bench of this Court in

S.N.GANGADHARAIAH V/S STATE OF KARNATAKA, REPRESENTED BY

ITS PRINCIPAL SECRETARY AND ANOTHER reported in ILR 2015

KAR 1955. It is submitted that the petitioner and

5

3^rd respondent belong to Group A Officers of the

respondent3Corporation and are provided with minimum

tenure of two years under the transfer guidelines dated

07.06.2013. The petitioner was posted to the present

place at Nelamangala on 27.07.2021 and even before