HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 67 OF 2025 (S-RES)

C/W WRIT APPEAL NO. 81 OF 2025 (S-TR)

IN WA No. 67/2025:

BETWEEN:

1. SRI RAJU S/O LAKSHMAIAH AGED MAJOR, 58 STORES KEEPER GRII, DIVISIONAL STORES, KANAKAPURA DIVISION, Digitally KANAKAPURA 562 117 signed by RAMANAGARA DISTRICT VASANTHA …APPELLANT KUMARY B K (BY SRI. P.P.HEGDE SENIOR COUNSEL ALONG WITH Location:

HIGH GOWTHAMDEV C ULLAL., ADVOCATE)

COURT OF KARNATAKA AND:

1. SRI L SHANKAR S/O LATE LINGAIAH, AGED ABOUT 58 YEARS, STORES KEEPER GR.II, DIVISIONAL STORES, KANAKAPURA DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT HC-KAR

2. THE GENERAL MANAGER (A AND HR), BESCOM, KR CIRCLE, BANGALORE 560 001

3. THE SUPERINTENDING ENGINEER ELEC BESCOM RAMANAGARA CIRCLE RAMANAGAR 562 159.

4. THE EXECUTIVE ENGINEER ELEC BESCOM KANAKAPURA O AND M DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT.

…RESPONDENTS (BY SRI. SRINIVASA K., FOR R1 (VK NOT FILED);

RAKSHITA D J FOR R2-R4)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 28.11.2024 OF THE LEARNED SINGLE JUDGE PASSED IN WP No-21578/2024 (S-RES) AND ALLOW THE WP.

IN WA NO. 81/2025:

BETWEEN:

1. SRI RAJU S/O LAKSHMAJAH PETITIONER AGED 58 YEARS, STORES KEEPER GRII, DIVISIONAL STORES, KANAKAPURA DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT ...APPELLANT (BY SRI. P.P.HEGDE SENIOR COUNSEL ALONG WITH SRI. GOWTHAMDEV C ULLAL., ADVOCATE)

HC-KAR AND:

1. SRI L SHANKAR S/O LATE LINGAIAH, AGED ABOUT 58 YEARS, STORES KEEPER GR.II, DIVISIONAL STORES, KANAKAPURA DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT

2. THE GENERAL MANAGER (A AND HR), BESCOM, KR CIRCLE, BANGALORE 560 001

3. THE SUPERINTENDING ENGINEER ELEC BESCOM RAMANGARA CIRCLE RAMANAGAR 562 159.

4. THE EXECUTIVE ENGINEER ELEC BESCOM KANAKAPURA O AND M DIVISION, KANAKAPURA 562 117 RAMANAGARA DISTRICT ...RESPONDENTS (BY SRI. SRINIVASA K., ADVOCATE FOR R-1;

RAKSHITHA D.J FOR R2-R4)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 28.11.2024 OF THE LEARNED SINGLE JUDGE PASSED IN W.P No. 24194/2024 (S-RES) AND ALLOW THE WRIT PETITION, ETC.

THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HC-KAR HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present writ appeals are filed impugning the judgment and order dated 28.11.2024 passed by the learned Single Judge in W.P.No.21578 of 2024 connected with W.P.No.24194 of 2024.

2. For the sake of convenience, the parties are referred to as per their rankings before the learned Single Judge.

3. Pursuant to the order dated 12.07.2024 the petitioner/Sri.L.Shankar was transferred from Hesaraghatta Sub Division to Kanakapura Divisional Stores Branch of the BESCOM. According to the petitioner he was relieved from his previous posting at Hesaraghatta Sub- Division on 16.07.2004 and on 18.07.2004 when he went to take charge at Kanakapura Divisional Stores Branch, he was prevented from taking the charge. Thereafter, his transfer order came to be cancelled vide order dated 31.07.2024. The petitioner challenged the said HC-KAR cancellation order dated 31.07.2024 by filing W.P.No.24194/2024. The learned Single Judge vide impugned judgment and order has set aside the cancellation order dated 31.07.2024 and directed that the petitioner should be allowed to take charge at Kanakapura Divisional Stores Branch in pursuance to the order of transfer dated 12.07.2024.

4. Mr. P.P. Hegde, learned Senior Counsel assisted by Sri Gowthamdev C Ullal, learned counsel for the appellant/Sri Raju, who was respondent No.4 in W.P.No.24194/2024 has submitted that petitioner/ Sri.L. Shankar is facing departmental proceedings for serious charges