LAWS(KAR)-2023-6-1178

BHAGAVANT Vs. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY

Decided On June 09, 2023
Bhagavant Appellant
V/S
Karnataka Residential Educational Institutions Society Respondents

JUDGEMENT

(1.) The petitioner, who is working as a Headmaster in the Morarji Desai Residential School, Gavan, Chikkodi Taluk, Belagavi has filed the instant writ petition challenging the order dtd. 3/6/2023 at Annexure - H issued by the 2nd respondent transferring him to Kittur Rani Channamma Residential School, Tondebavi, Gauribidanur Taluk, Chikkaballapur District.

(2.) Heard the learned counsel for the petitioner and also perused the material on record.

(3.) The petitioner, who was working with the respondent Institution was promoted to the post of Headmaster in the year 2022. It appears that the petitioner and one Sri.Virupakshi Murari Gudase, who was working as a Warden in the 2nd respondent school had ill-will against each other and on the allegation that said Virupakshi Murari Gudase was involved in illegal activities, it appears that the petitioner had issued a show cause notice to him, which was followed by another incident regarding an enquiry about spilling of ink on the muster roll maintained by the institution. With regard to the incident that had taken place on 15/5/2023, wherein the petitioner as well as the aforesaid Virupakshi Murari Gudase had physically fought against each other in the office premises of the respondent institution, case and counter case has been registered. The police have registered criminal cases for the offences punishable under IPC and also under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act . It is under these circumstances, the 2nd respondent has taken a decision to transfer the petitioner as well as the aforesaid Virupakshi Murari Gudase, who was working as a Warden in the institution for administrative reasons. In the order itself it is stated that keeping in the interest of the institution and for administrative reasons, the transfer order is being made. This order is questioned by the petitioner in this writ petition.