MAHANTESH NAYAK Vs. UNIVERSITY OF AGRICULTURAL SCIENCES

JUDGEMENT

(1.) In these writ petitions, the petitioners herein have primarily challenged the order dtd. 1/4/2022 passed by the respondent-University transferring the petitioners to the various places. In W.P.No.101373/2022, the petitioners have challenged the order of transfer dtd. 1/4/2022. In W.P.No.101321/2022, petitioner has challenged the order dtd. 29/6/2022 passed by the 2nd respondent No.2 (Annexure-E) whereby, the respondent-university withdraw the petitioner as Head of the Department of Agricultural Meteorology, College of Agriculture, Dharwad and nominating one Dr. Sumesh to the said post. In W.P.No.100177/2023, petitioner has challenged the order dtd. 12/12/2022 (Annexure-A) regarding allotment of work.

(2.) It is the case of the petitioners that, petitioners are working in the respondent-University in the cadre of Professors as well as the Assistant Professors. The petitioner Nos.1 to 3 are the office bearers of the association for Teacher's welfare, University of Agricultural Science U.A.S. Dharwad (hereinafter referred to as 'Association'). Petitioner Nos.4 and 5 are the Executive Member of the Association. It is averred in the writ petition that, petitioners are collectively through its Association requested the respondent-University to fulfill the demands of the teachers of the University and in this regard, proceedings of the Association dtd. 23/8/2021 (Annexure-B), 7/11/2021 (Annexure-C), 30/9/2021 (Annexure-D), 2/10/2021 (Annexure-E), 3/10/2021 (Annexure-F) are produced. It is urged by the Association that, their demands have not been met by the respondentUniversity and therefore, they decided to go on agitation as per letter dtd. 3/10/2021 (Annexue-F). Meeting was also fixed on 29/10/2021 as per Annexure-G at Raj Bhavan, Bengaluru to ameliorate their dispute. In the meanwhile, the University has taken steps to appoint posts of Director and Dean in the University as per notification dtd. 23/11/2018 and same was challenged before this Court by the Association and this Court by order dtd. 4/12/2021 (Annexure-H) allowed the writ petition, consequently set aside the impugned notification empowering the respondent-University to appoint for the various posts. In the meanwhile, the petitioners were served with chargesheet dtd. 17/12/2021 as per Annexure-J to the writ petition. The petitioners have challenged the charge-sheet issued by the respondent-University in W.P.No.100145/2022 and this Court granted an interim order on 13/1/2022 (Annexure-K). Thereafter, the Governing Council of the University in its 59th meeting resolved to take disciplinary action against the employees, particularly noticing the activities of the petitioners herein in the Association. The respondent-University has also issued show cause notice dtd. 5/2/2022 to the petitioners herein seeking explanation from them alleging that their action which amounts to 'misconduct' under the Karnataka Civil Service (Conduct) Rules, vide Annexure-P series. It is the case of the petitioners that, the impugned transfer orders are passed by the respondent-University, with vindictiveness coupled with malafide in nature and to harass the petitioners accordingly, challenged the same in these writ petition.

(3.) Heard Sri. Prashant S. Kadadevar, and Sri. P.N.Hati, learned counsel for the petitioners and Sri. Harsh Desai, learned Additional Government Advocate and Sri. K.L.Patil, learned counsel for the respective respondents.