LAWS(KAR)-2011-12-338

RAVI SHASTRY D.A. Vs. THE COMMISSIONER HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE DEPARTMENT. SRI. MALAI MAHADESHWARA, VARTHA BHAVAN, 2ND FLOOR. ALUR VENKATARAO ROAD, CHAMARAJPET. BANGALORE, THE EXECUTIVE OFFICER SRI. RAMESHWARASWAMY TEMPLE. 3R

Decided On December 07, 2011
Ravi Shastry D.A. Appellant
V/S
Commissioner Hindu Religious Institutions And Charitable Department. Sri. Malai Mahadeshwara, Vartha Bhavan, 2Nd Floor. Alur Venkatarao Road, Chamarajpet. Bangalore, The Executive Officer Sri. Rameshwaraswamy Temple. 3R Respondents

JUDGEMENT

(1.) ORDER dated 10.11.2011 passed by the Commissioner for Hindu Religious institutions and Charitable Endowments, Bangalore, transferring the petitioner from his present post as Pradhan Archak of Sri Rameshwaraswamy Temple, Chamarajpet, Bangalore, to the post of Pradhan Archak of Mariamma Temple at Neelasandra, Bangalore, is called in question in this writ petition.

(2.) PURSUANT to the notification calling for the post of Pradhan Archak petitioner had applied and after conducting interview, petitioner was selected and appointed as Pradhan Archak vide order dated 02.02.2011. He reported for duty at Rameshwaraswamy Temple, Chamarajpet, Bangalore, and since then the petitioner is discharging his duties as Pradhan Archak in the said temple. According to the petitioner, from the date of appointment, he has been discharging his duties without any blemish.

(3.) LEARNED Counsel for the petitioner submits that the impugned order of transfer is penal in nature and therefore, the same could not have been passed without affording an opportunity of being heard.