C. S. BASAVARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) .The petitioner, Mr. C. S. Basavaraju, has challenged the transfer order dated 20.7.2017, whereby the respondent No.3, Mr. Sujay Kumar, has been posted against the post held by the petitioner, and the petitioner has been transferred to Belur Town Municipality.

(2.) Briefly the facts of the case are that in 1983, the petitioner was employed in City Municipal Council, Hassan. His services were regularized in 1993. In 2007, the petitioner was transferred to Pattana Panchayath, Arkalagudu; he worked at City Municipal Council, Hassan, as in-charge Revenue Inspector from 2007 to 2010. By Notification dated 29.5.2010, the petitioner was posted as Chief Officer, Pattana Panchayath, Alur. On 3.12.2011, the petitioner was transferred as Chief Officer, Town Municipal Council, Sakaleshpur. On 28.12.2012, he was prematurely transferred to Somavarpet Pattana Panchayath. Being aggrieved by the said transfer order, the petitioner approached this Court by filing writ petition, namely Writ Petition No.399/2013. On 3.1.2013, this Court had granted an interim order. However, subsequently, by Notification dated 6.2.2013, the Government had cancelled the transfer order in respect of the petitioner, and he was continued at Sakaleshpur. On 27.11.2013, the petitioner was transferred as Chief Officer, Town Municipal Council, K.R.Pet. On 27.11.2015, the petitioner was again transferred as Chief Officer, Town Municipal Council, Channarayapatna. However, by the order dated 20.7.2017, while respondent No.3 has been posted to the post held by the petitioner, the petitioner has been transferred to Town Municipality, Belur, as First Division Assistant. Hence, the present petition before this Court.

(3.) Ms. Rakshitha D. J., the learned counsel for the petitioner, has raised the following contentions before this Court :-