S.B.MALLALLI Vs. STATE

JUDGEMENT

(1.) The Writ Petitioner has challenged the order passed by the Karnataka Administrative Tribunal dated 2.9.2013 in Application No. 4886/2013 under which the Karnataka Administrative Tribunal has quashed the transfer order passed by the Government dated 30.7.2013. In turn, it is prayed that the said transfer order dated 30.7.2013 has to be upheld by quashing the order of the Karnataka Administrative Tribunal.

(2.) Along with the Writ Petition, the petitioner has filed IA No. 1 under Order XLI Rule 27, read with Section 151 of CPC requesting the court to permit him to produce a document marked at Annexure-C. We have carefully perused the said document. Annexure-C is a document dated 26.8.2013 under which the members of Belgaum Zilla Panchayath convened a General Body Meeting of its members and in the agenda, the issue of functioning of respondent No. 3 Sri Shivaramegowda was discussed and held that his work was not satisfactory and because of his attitude towards developmental activity, all the developmental activities are stalled. Therefore, it was unanimously decided that respondent No. 3 has to be transferred. So far as this particular document is concerned, it came into existence after the transfer order dated 30-07-2013. Therefore, it is not necessary for adjudication of the issue before this court. Hence, the said IA No. 1 is rejected.

(3.) As could be seen from application filed before the KAT and the Order of the Karnataka Administrative Tribunal and the tenor of the Writ Petition filed before this court, throughout it is understood and contested by the respondent No. 3, that the transfer order dated 30.7.2013, was premature one. Therefore, the respondent No. 3, has challenged the said Order before the Karnataka Administrative Tribunal on that ground itself, the Karnataka Administrative Tribunal has quashed the Order dated 30.7.2013. Therefore, if the amendment is allowed, no harm, injustice or in-convenience would be caused to the other side and further, the factual matrix of the case and as well the nature of the Writ Petition and prayer sought will not be changed Therefore, the said Application deserves to be allowed hence, the same is allowed. The Petitioner is permitted to amend the Writ Petition and to file the amended Writ Petition.