R. PRABAVATHI Vs. STATE OF KARNATAKA DEPARTMENT OF REVENUE (REGISTRATION AND STAMPS) REPRESENTED BY ITS SECRETARY, SRI PANDURANGA ATTAVAR MAJOR AND NARAYANAPPA

JUDGEMENT

(1.) THE order dated 17.9.2013 passed by the Central Administrative Tribunal in application No. 5642/2013 is called in question in this writ petition. The records reveal that the petitioner and respondents 2 and 3 are serving as Senior Sub -Registrars. While the petitioner was working in the Sub -Registrar's office at Devanahalli, Bangalore, she was transferred as Senior Sub -Registrar at Yelahanka, Bangalore by the order dated 30.4.2012. Subsequently, by the order dated 31.8.2013, the petitioner is transferred from Sub -Registrar's office, Yelahanka to the Head Office at Bangalore. In the place of petitioner at Yelahanka, respondent No. 2 is posted to serve as Senior Sub -Registrar. The petitioner, being aggrieved by the order dated 31.8.2013, transferring her from the Sub -Registrar's office, Yelahanka to the Head Office, approached the Karnataka Administrative Tribunal in application No. 5642/2013 which came to be dismissed.

(2.) THOUGH , respondent No. 3 herein is not a party to the litigation between the petitioner and respondent No. 2, he is also consequentially affected in view of the interim order granted by this Court in this writ petition. Hence, respondent No. 3 got himself impleaded in this writ petition.

(3.) SRI M.S. Bhagwat, learned counsel appearing for the petitioner, drawing attention of the Court to the Enquiry Report (Annexure 'E') dated 23.8.2013 (wrongly stated as 23.10.2013 in the Enquiry Report) submits that no enquiry much less the enquiry relating to the grave charges is pending as on the date of transfer, and therefore, it was not open for the State to transfer the petitioner to the Head Office that too to a non -executive post, particularly, when such transfer is pre -mature. According to him, no departmental enquiry is pending consideration against her. Thus, he submits that the order of transfer is clearly contrary to paragraph 6(A) of the Government Order dated 7.6.2013.