S. SIDDARAMANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned senior counsel Sri M.S. Bhagwath along with the counsel Sri Ranganatha S Jois on behalf of the petitioner.

(2.) The case of the 5th respondent who is the applicant before the Tribunal is that the applicant has been pre-maturely disturbed and that he is yet to complete his minimum tenure assured under the Government Guidelines of 2013 and that the order of transfer does not have the prior approval of the Chief Minister and is also contrary to the notification issued by the Election Commission dtd. 9/1/2023 whereby, directions have been issued not to disturb officers involved in Electoral Role Revision Work. On these grounds, the 5th respondent/applicant impugned the order of transfer.

(3.) The present petitioner who was arrayed as 5th respondent before the Tribunal resisted the same by placing reliance on two orders of this Court. That no hardship is caused as the transferred post is very much situated in Bengaluru City itself and transferred post being within a communicable distance and that the respondent/petitioner was facing serious charges of corruption and his posting was contrary to the Official Memorandum dtd. 2/3/2022. The Tribunal after examining the case on merits has rendered a finding that the transfer order has the prior approval of the Chief Minister and also taking note of the fact that the private respondent was completed his tenure of service on 04 03.2021 and also taking note of the fact that the Electoral Role Revision Work was not complete, allowed the application with the following orders:-