SOMANNA Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner and the respondent No.3 are working as Work Inspectors in Cotton Pet Sub-Division of Bruhat Bangalore Mahanagara Palike. By an Office Order dated 03.02.2014 vide Annexure-D, the petitioner having been posted to Ward No.121 and the respondent No.3, who was working in Ward No.121, having been posted to Ward No.109, this writ petition was filed assailing the order as at Annexure-D.

(2.) Sri S.N. Bhat, learned advocate, contended that the impugned order of transfer is arbitrary, since, there is frequent shifting of the petitioner from one Ward to another, on account of interference of politicians and at the behest of the respondent No.3 and hence, interference is called for.

(3.) Sri M.R. Shailendra, learned advocate, for respondents 1 and 2, on the other hand, contended that the impugned order was issued in exigencies of the service and being an administrative decision and also that the offices of Ward Nos.109 and 121 being in one and the same building, cannot be construed as transfer and cannot be permitted to be assailed in the writ jurisdiction under Article 226 of the Constitution of India.