THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE KANATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 18.12.2025 PASSED IN APPLICATION NO.4568/2025 (ANNEXURE-A)AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 09.03.2026 COMING ON THIS DAY,

S.G.PANDIT J., PRONOUNCED THE FOLLOWING:

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

CAV ORDER

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

Petitioner i.e., responde nt No.5 before the Karnataka State Administrative Tribunal, Bengaluru, (for short ‘Tribunal’) in Application No. 4568/2025 (Annexure-A) is before this Court aggrieved by order dated 18.12.2025, wherein the operative portion of the said order reads as follows:

“ORDER

The Application is disposed of with a direction to the 1st and 2nd respondents to reconsider the cancellation of transfer of the 5th respondent vide order dated 25.09.2025 as Finance officer, Karnataka Panchayath Raj Commissionerate and bringing back to him to the place of 4th respondent i.e., Chief Auditor, GBA, Bengaluru when the applicant was waiting for posting and when the 1st and 2nd respondent could have provided posting him to a vacant post within a period of fifteen days from the date of receipt of a copy of the order passed in A.No.2189/2025 which has been partly confirmed by the Hon’ble High Court of Karnataka in W.P.No.24374/2025 with certain directions. This exercise shall be done within a period of fifteen days from the date of receipt of a copy of this order.”

Heard Sri. Satish K, learned counsel for petitioner, learned AGA for respondents No. 1 and 2, Sri. B L Sanjeev, learned counsel for respondent No.3, Sri. Sumukh Shastry R for respondent No.4 and Sri. V Lakshminarayana, learned Senior Counsel appearing on behalf of Sri. Divyatej H N, learned advocate on record for Caveator/respondent No.5.

The parties to the present petition would be referred to as per their ranking before the Tribunal.

The petitioner herein was respondent No. 5 before the Tribunal and respondent No.5 herein was applicant before the Tribunal. The applicant and respondent No.5 are in the cadre of Chief Auditor in the State Accounts Department. It is stated that in terms of Notification dated 09.05.2025 (Annexure-A1), the applicant was posted as Chief Accounts Officer, BBMP in place of respondent No.4, who was posted to Maharani Cluster University. The said Notification was challenged by respondent No. 4 in Application No.2189/2025 and the Tribunal by order dated 17.07.2025 set aside the Notification dated 09.05.2025 posting applicant to BBMP. Against the said order of the Tribunal dated 17.07.2025, the applicant approached this Court in W.P.No.24374/2025. This Court by order dated 18.08.2025, disposed of the writ petition with liberty to the applicant to make representation to respondents No.1 and 2, requesting to continue him as Joint Controller of Accounts, Women and Children Development Department, till he completes his tenure. It is stated that respondent No.5 was transferred as Finance Officer, Karnataka Panchayathraj Commissionerate, Bengaluru on 25.09.2025. Before he could report to duty, the respondent No.5 was posted as Chief Auditor, Greater Bengaluru Authority (for short ‘GBA’), Bengaluru, in place of respondent No.4 vide notification dated 16.10.2025 (Annexure-A7). The said Notification dated 16.10.2025 was challenged by the applicant in Application No.4568/2025 contending that he is waiting for posting and in terms of order dated 18.08.2025 in W.P.No.24374/2025 by a Coordinate Bench of this Court and order dated 17.07.2025 in Application No.2189/2025, the applicant has a legitimate expectation of considering his case for posting to GBA. The Tribunal under impugned order directed respondents No. 1 and 2 to consider cancellation of transfer of respondent No.5 under Notification dated 25.09.2025