SATHYANARAYANA N. KUDUR Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOME, THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE AND S.H. DUGGAPPA

JUDGEMENT

(1.) RESPONDENT No. 3 while working as Assistant Commissioner of Police in the establishment of Ex -PM Security, the General Elections to Legislative Assembly of Karnataka State were announced in the month of April, 2013. By the order dated 18.4.2013 vide Annexure -A, the third respondent who was working for Ex -PM Security, Bangalore City is transferred to Kengerigate Sub -Division, Bangalore City as Assistant Commissioner of Police. Accordingly, the third respondent reported to duties at Kengerigate Sub -Division, Bangalore City as Assistant Commissioner of Police. After the elections were conducted, the third respondent by virtue of the order dated 11.7.2013 was reposted to Ex -PM Security, Bangalore City from Kengerigate Sub -Division, Bangalore City (Annexure -D). The said order dated 11.7.2013 was questioned by the thirds respondent and similarly situated retransferred Police Officers before the Karnataka Administrative Tribunal in Application No. 4393/2013 and connected matters, which came to be allowed on 26.9.2013. Consequently, the order dated 11.7.2013 came to be set aside. Prior to the order passed by the Karnataka Administrative Tribunal, dated 26.9.2013, the Government of Karnataka issued order of general transfer dated 25.9.2013 as per Annexure -H, under which the petitioner herein was transferred from CID to Kengerigate Sub -Division, Bangalore City, i.e., in the place of respondent No. 3. It is relevant to note that the petitioner herein was not made party to Application No. 4393/2013 before the Karnataka Administrative Tribunal, Bangalore, which came to be allowed on 26.9.2013. Thus, the petitioner approached this Court by filing W.P. No. 47073/2013. This Court initially granted the interim order of stay of the order passed by the Karnataka Administrative Tribunal, dated 26.9.2013. Consequently, the petitioner continued as Assistant Commissioner of Police at Kengerigate Sub -Division, Bangalore City. Ultimately, the said writ petition came to be disposed of on 24.10.2013 with liberty to the petitioner herein to approach the Karnataka Administrative Tribunal within two weeks seeking appropriate relief. Consequently, the petitioner approached the Karnataka Administrative Tribunal, Bangalore in Application No. 7305/2013 to hear him and pass appropriate orders in the matter of transfer. The said Application No. 7035/2013 is allowed on 21.11.2013 as per Annexure -N, dismissing the application filed by the petitioner. Consequently, the Tribunal confirmed its earlier order dated 26.9.2013 setting aside the order of the State Government dated 11.7.2013. The order dated 21.11.2013 passed in Application No. 7035/2013 by the Karnataka Administrative Tribunal, is called in question in this writ petition. The question to be decided is as to whether transfer of the third respondent from Ex -PM Security, Bangalore City, by the order dated 18.4.2013 was pursuant to the directions issued by the Election Commissioner in view of General Elections to the Legislative Assembly of Karnataka State or it is by way of general transfer? If the transfer is by way of general transfer, then respondent No. 3 herein is entitled to continue at Kengerigate Sub -Division, Bangalore City. If transfer of respondent No. 3 to Kengerigate Sub -Division, Bangalore City from Ex -PM Security, Bangalore City is pursuant to the directions of the Election Commission, then such transfer is virtually is not a transfer order, but the same should be treated as a deputation to Kengerigate Police Station as per the dictum laid down by this Court in the case of Election Commission of India v. The State of Karnataka in WP. Nos. 17123 -17124/2013, disposed of on 16.4.2013.

(2.) THE order at Annexure -A, dated 18.4.2013 mentions the subject, i.e., the purpose for which the transfers are made. It is clearly stated as under: - - Sub: General Elections to the State Legislative Assembly of Karnataka -Transfer/Posting of DSsP/ACsP - reg. In the very order dated 18.4.2013, letter No. 437/6/1/2013 -CC&BE, dated 20.3.2013 of Election Commission of India, New Delhi is referred to. Thus, it is prima facie clear that the order dated 18.4.2013 is passed in pursuance to the directions issued by the Election Commission of India. If it is so, the third respondent who is transferred to Kengerigate Sub -Division, Bangalore City by order dated 18.4.2013 by virtue of the directions issued by the Election Commission of India should be treated as deputation as per the judgment of this Court mentioned supra.