MOHD. HUSSAIN. S/O GHOUSE MOHIDDIN Vs. SRI R. PULLAIAH S/O K. RAMAIAH, THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY. AND THE MANAGING DIRECTOR KARNATAKA NEERAVARI NI

JUDGEMENT

(1.) PETITIONER is aggrieved by the order dated 25.02.2010 passed by the Karnataka Administrative Tribunal, Bangalore (hereinafter referred to as 'the Tribunal', for short) allowing the application tiled by Respondent No. 1 -Pullaiah, and thereby quashing the order of transfer dated 25.12.2009.

(2.) RESPONDENT No. 1 -Pullaiah was working as Assistant Executive Engineer under Respondent No. 4 -Karnataka Neeravari Nigam Limited at Bhadravathi. He was on deputation from the Public Works Department with effect from 01.12.2007

(3.) BY the impugned notification challenged before the Tribunal vide Annexure -A -2, the services of the Petitioner were withdrawn with immediate effect from Rural Development and Panchayatraj Department and were made available to the Water Resources Department on deputation, for being posted to the place of the applicant at Bhadravathi under the Karnataka Neeravari Nigam Limited. As a consequence, the services of Respondent No. 1 -Pullaiah were withdrawn from the Water Resources Department to the parent department to provide him separate posting. Applicant -Respondent No. 1 herein assailed this order before the Tribunal contending inter -alia that by the said action in order to accommodate Petitioner -Mohd. Hussain. Respondent No. 2 committed an illegality in directly transferring him to the post of the applicant. It was alleged that Respondent No. 2 had no power or authority to directly transfer the Petitioner herein to the post of the Respondent No. 1 at Bhadravathi in another department, namely Water Resources Department He urged that at best Respondent No. 2 could have placed the services of the Petitioner herein with the Water Resources Department and thereafter it was for the Water Resources Department to give him a posting wherever it deemed fit. He also contended that the impugned order was an order of transfer which was issued in the middle of the academic year and therefore it affected the studies of his children in the Engineering College at Bhadravathi. The applicant further contended that the order of transfer was not issued by the cadre management authority and therefore the procedure contemplated in the transfer guidelines issued on 22.11.2001, were violated.