V. RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel Sri. Shivakumar S Badawadagi for petitioner and learned HCGP Sri. V.S. Kalasurmath for respondent/State. Perused the writ petition papers.

(2.) Brief facts are that, the petitioner is working in Urban Development Department and presently, he is working as Commissioner, Ballari Urban Development Authority (for short, 'BUDA'). In pursuance of Notification dtd. 3/10/2022 (Annexure-A1), the petitioner reported to duty at Ballari on 7/10/2022. Under impugned notification dtd. 1/7/2023 (Annexure-A3), the petitioner is transferred from BUDA without providing any posting.

(3.) Learned counsel for the petitioner would contend that challenging the notification dtd. 1/7/2023, the petitioner was before the Karnataka State Administrative Tribunal, Belagavi (for short, 'Tribunal') in Application No.10569/2023 and the Tribunal failed to consider interim prayer of the petitioner and ordered issuance of notice to the respondent. Learned counsel would submit that the transfer of the petitioner is premature, as the petitioner is transferred within one year from the date of posting as Commissioner, BUDA. Moreover, he submits that the petitioner is not provided with any posting apart from non-approval from the Chief Minister for premature transfer. Learned counsel would further submit that though the petitioner has made out prima facie case, the Tribunal failed to consider interim prayer of the petitioner and to grant interim prayer.