SRI T. KONAPPA REDDY Vs. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY TO GOVERNMENT, THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE AND SRI N.K. NARASIMHA IYENGAR

JUDGEMENT

(1.) HEARD .

(2.) SRI Kalyana, learned advocate for Respondent No. 3 taking the Court through the entire material on record and the judgment of the Division Bench of this Court in Writ Petition Nos. 17123 -17124/2013 and connected matters disposed of on 16.4.2013 submits that the said judgment is not applicable to the facts of this case inasmuch as the 3rd respondent was transferred to Vijayanagar Sub -Division on 18.4.2013 by virtue of the direction issued by the Election Commission and the said transfer order was a general transfer order made with the concurrence of the Election Commission.

(3.) FROM the above, it is clear that the Orders dated 18.4.2013 and 11.7.2013 are not the orders of general transfer, but they are made for the purpose of election duty. The general order of transfer was made only on 25.9.2013 after completion of elections. Same is the view taken by this Court in number of Judgments including in the case of Sathyanarayana N. Kudur vs. The State of Karnataka in Writ Petition No. 53835/2013 (S -KAT) disposed of on 16th December 2013. In view of the same, we are of the considered opinion that the order of the Tribunal dated 9.12.2013 in Application No. 7346/2013 vide Annexure -A cannot be sustained and the same is liable to be quashed and accordingly, the same stands quashed.