RAMPRASAD R. Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) Rule. Mr.Vijayakumar A. Patil, learned Additional Government Advocate is appearing for Respondents No.1 and 2 and Mr. M.S. Bhagwat, learned counsel appearing for the Caveator/Respondent No.3 have received notice of Rule.

(2.) With the consent of the learned counsel appearing on both sides, the petition is finally heard.

(3.) The short crux of the case appears to be that the petitioner was working as Senior Sub-Registrar at Srirangapatna, pursuant to the transfer order dated 07.10.2014. Thereafter, on 10.06.2016, the Government issued the order transferring about 17 Senior Sub-Registrars at different places wherein the Respondent No.3 was posted at Indiranagar viz., Smt. B. G. Kamala. On 15.06.2016, Smt. B. G. Kamala challenged the said transfer order for she being transferred as Senior Sub-Registrar from Indiranagar to other place and the Tribunal in the Application No.5314/2016 passed the interim order staying the said transfer order. Resultantly, the petitioner continued as Sub-Registrar, Nelamangala. Thereafter on June, 20th 2016, the Government cancelled the ear-lier transfer order dated 10.06.2016 and the further order was also issued in this regard vide communication dated 23.06.2016. There-after, when the Application No.5314/2016 was again considered by the Tribunal, factum of cancellation of the transfer order appears to have been not brought to the notice of the Tribunal and the Tribunal vide order dated 26.08.2016 directed Smt. B. G. Kamala, the; applicant therein to continue up to 31.08.2016 and further observed that the Respondent No.3 herein may report for duty on 31.08.2016 and may take charge from the applicant, i.e., Smt. B. G. Kamala. It appears that thereafter the Government passed another order dated 24.09.2016 whereby the petitioner is posted as Sub-Registrar, Indiaranagar whereas Respondent No.3 is posted as Sub-Registrar, Mulabagilu. The Respondent No.3 challenged the said order by preferring the application before the Tribunal in Application No.9199/2016 and the Tribunal allowed the said application by the impugned order dated 27.09.2016 whereby the Respondent No.3 is directed to get himself relieved from the post of Sub-Registrar, Indiranagar, Bengaluru and go back to his earlier place or seek an alternative posting, Further, the Authorities are directed to continue the Applicant in the present place as Sub-Registrar, Indiranagar, until further orders. Under the circumstances, the present petition.