BASAVARAJ WALAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is directed against an order dated 10.12.2013 passed by the Karnataka Administrative Tribunal, Bangalore, in allowing Application No. 5133/2013 filed by Sri. D.A. Badami, the 3rd respondent herein and consequently, dismissing Application No. 5658/2013 filed by Sri. Basavaraj Walad, petitioner herein, in the matter of their respective transfer/s and postings. For convenience, the parties would be referred to with reference to their rank in A. No. 5133/2013. The applicant and the 3rd respondent are in the cadre of Range Forest Officers. The applicant was working as Range Forest Officer at Golihalli, since 12.08.2011. By an order dated 08.08.2013, he was transferred to KBJNL, in place of B. Kanakawadi and respondent No. 3, who was working in the territorial Range, Nagaragalli, was posted to Golihalli i.e., in place of the applicant. The said order was questioned by filing A. No. 5133/2013 under Section 19 of the Administrative Tribunals Act, 1985.

(2.) At the time of consideration of the prayer for interim relief, since it was submitted on behalf of the Government, that the transfer of the applicant was on complaints and that the respondent require some time to file reply statement, interim relief in the form of stay of the impugned order was not passed by the tribunal. The applicant was directed to report at KBJNL, subject to final decision in the application. Thus, the petitioner herein reported to the place of his posting.

(3.) The Principal Chief Conservator of Forests i.e., Respondent No. 2, by subsequent order dated 31.03.2013, directed retention of D.A. Badami in Golihalli Range. Since the petitioner had reported to duty at Golihalli Range, he questioned the order dated 31.08.2013, by filing A. No. 5658/2013.