IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 546 OF 2026 (S-KSAT)

BETWEEN:

SRI GIRISH K. C., S/O. CHUDAPPA, AGED ABOUT 40 YEARS, PRESENTLY WORKING AS INSPECTOR OF EXCISE, KIKKERI FARM FOOD AND BEVERAGES (FRUITS) PVT.LTD., SHIVAMOGGA (W025), SHIVAMOGGA – RD27 PERMANENTLY R/AT NO.60B, BELADINAGALAU NILAYA, 7^TH CROSS, CHANDRA LAYOUT, BANGALORE - 560 040.

PH. NO. 9535246118 Digitally signed by EMAIL - GIREESHAKC@GMAIL.COM.

NANJUNDACHARI …PETITIONER Location: HI GH COURT OF (BY SRI. SATISH K., ADV.)

KARNATAKA AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FINANCE (EXCISE), VIDHANA SOUDHA, BANGALORE - 560 001.

2. THE COMMISSIONER, DEPARTMENT OF EXCISE, TTMC BLOCK, BMTC BUILDING, SHANTINAGAR, BANGALORE 560 027.

3. THE ADDITIONAL COMMISSIONER (ADMIN)

OFFICE OF THE COMMISSIONER OF EXCISE, TTMC BLOCK, BMTC BUILDING, SHANTINAGAR, BANGALORE -560 027.

4. SMT. GOURAKKA M. PATIL, W/O. RAVI B. PATIL, MAJOR, WORKING AS INSPECTOR OF EXCISE, RANGE NO.47, ELECTRONIC CITY, BUD - 8, BYATARAYANAPURA, BANGALORE URBAN – 560 026.

…RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W SRI SHIVAREDDY, AGA FOR R1 TO R3 SRI CHANDRASHEKAR L., ADV. FOR R4)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN RESPECT OF THE IMPUGNED ORDER DATED 07/01/2026 PASSED IN APPLICATION NO.4439/2025 (ANNEXURE-A) AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL ORDER

(PER: HON'BLE MR. JUSTICE K.V. ARAVIND)

Heard learned counsel Sri Satish K., for petitioner, learned Additional Advocate General Sri Reuben Jacob along with Sri V Shivareddy, learned Additional Government Advocate for respondents Nos. 1 to 3 and Sri Chandrashekar L., learned counsel.

2. The petitioner is an Inspector of Excise. He was transferred to Bengaluru by transfer order dated 06.09.2023 and took charge at Bengaluru on 08.01.2024. The State Government notified the Karnataka Civil Services (Excise Department Officers and Officials Transfer) Rules, 2025 (for short, ‘the Rules’), with effect from 14.05.2025. In accordance with the Rules, a list of officers eligible for transfer was notified, and the petitioner was transferred to Shivamogga by order dated 25.09.2025 (Annexure-A11). Under the same transfer order, respondent No.4 was posted to the place of the petitioner. The petitioner challenged the said transfer order before the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) in Application No.4439/2025. The Tribunal, by the impugned order dated

07.01.2026, rejected the application.

3. Learned counsel Sri K. Satish appearing for the petitioner submits that, in view of the decision of this Court in W.P. No.29579/2025 and connected matters (decided on 20.02.2026 in the case of Smt. Chandrakala S.B. vs. State of Karnataka and other batch of petitions), the impugned transfer order is liable to be set aside. It is submitted that, in view of the judgment in the above-referred case, the transfer of the petitioner is premature.

4. Per contra, Sri Reuben Jacob, learned Additional Advocate General, along with Sri V. Shivareddy, learned Additional Government Advocate appearing for respondent Nos.1 to 3, submits that in view of the judgment cited above, the transfer of the petitioner is premature. The learned Additional Advocate General is unable to dispute that the very same transfer order was the subject matter of the batch of writ petitions. However, the learned Additional Advocate General submits that, in view of the departmental enquiry pending against the petitioner, the respondent authorities are entitled to effect a premature transfer in terms of the proviso to Rule