B. MADESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Interim order dated 10.9.2014 passed by the Karnataka Administrative Tribunal, Bangalore (for short "KAT") in Application No. 7337/2014 is called in question before this Court under Articles 226 and 227 of the Constitution of India.

(2.) The facts leading to filing of the application before the KAT under Section 19 of the Administrative Tribunals Act 1985 on 2.9.2014 are as follows:

(3.) Respondent No. 3 Somashekarappa herein is posted to Shimoga and petitioner-B. Madesh is stated to have reported to duty as Deputy Commissioner of Excise, Bangalore West. The said order of his posting as Deputy Commissioner of Excise, Bangalore West is stayed by the KAT, Bangalore on an application filed by the respondent No. 3 herein in application No. 7337/2014. Therefore, the transfer of Somashekarappa to Shimoga and posting of this applicant as Deputy Commissioner of Excise Bangalore West has been stayed for a period of 2 months or until further orders whichever is less. Further, direction has been given by the KAT that applicant before the Tribunal shall be continued as Deputy Commissioner of Excise, Bangalore West. Further, it has also been made clear that if Somashekarappa has assumed charge in Shimoga, he shall hand over charge to the applicant and go back to his earlier place, if it is vacant, if not, he may seek an alternative posting.