SHEKAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned writ petition is filed by the petitioner challenging the notification dated 12.06.2020 passed in No.Na.Aa.E.65.TME.2020 by respondent No.1 as per Annexure-D transferring respondent No.3 in place of petitioner.

(2.) The brief facts leading to this top noted writ petition are as under:

(3.) The grievance of the petitioner before this Court is that, at the intervention of MLA of Bellary Assembly Constituency, respondent No.1-State has transferred respondent No.3 in place of petitioner and based on the above said letter, respondent No.1-State has issued impugned notification transferring respondent No.3 in the place of petitioner. The petitioner is challenging the impugned notification as per Annexure-D on the ground that, impugned notification is tainted with malafides. It is the specific case of the petitioner that there was departmental enquiry against respondent No.3 for misappropriation of funds of Sirguppa Town Municipality and he was also one of the officer involved in the said misappropriation. Hence, respondent No.3 cannot seek transfer to Bellary and the same is contrary to the Government Transfer Guidelines. He would also contend that, petitioner is appointed as a Nodal Officer as per the official memorandum dated 23.03.2020 issued by the Deputy Commissioner, Bellary, team for COVID-19 under the leadership of Chief Executive Officer, Zilla Panchayat, Bellary for rendering essential service to the public. On these set of facts, the top noted writ petition is filed.