S YASEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is a Circle Inspector in the Police Department of the State Government, has presented this writ petition praying for quashing the order by which he has been asked to pay penal rent in respect of the house which he continued to occupy even after his transfer.

(2.) The facts of the case are as follows: The petitioner was originally a Sub- Inspector of Police attached to a Police Station in the city of Bangalore. He was in occupation of an official residential quarters allotted to him as Sub-Inspector of Police. He was promoted as Inspector and transferred to COD (Corps of Detective) Bangalore. But in spite' of his transfer, the petitioner continued to occupy the quarters. In the circumstances, the impugned order (Annex-ure-A) has been made calling upon the petitioner to pay penal rent. The operative portion of the order reads:

(3.) Learned counsel for the petitioner relied on the judgment of this Court in U. M. Anigol v. State of Mysore (1) . He submitted that having regard to the definition of the word 'transfer' contained in rule 8(49) of the K.C.S. Rules, the petitioner was not obliged to leave the residential quarters as he has not been transferred outside the Headiquarters. The decision on which the petitioner relied certainly supports his case.