SIDDARAJU Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against the order dated 18-5-2017 passed by the Karnataka State Administrative Tribunal, Bangalore, in Application No. 2697 of 2017. In the application, petitioner had challenged the order of transfer dated 5-5-2017 transferring him from Mysuru to Mangalore. The Tribunal, by its aforesaid order, has declined to interfere with the order of transfer.

(2.) Learned Counsel appearing for the petitioner submitted that the petitioner will attain superannuation on 30-6-2018, and therefore, his transfer is violative of Government Order bearing No. DPAR 22 STR 2013, Bangalore, dated 7-6-2013 which has laid down guidelines (transfer policy) for transfer of Government servants. He specifically referred to para 9(a)(i) of the aforesaid Government order. In support of the writ petition, he also relied on a decision rendered by a learned Single Judge of this Court in C. Vasudeva Vs. State of Karnataka, ILR 2015 Kar. 4513.

(3.) On being asked by the Court, learned Counsel appearing for the petitioner submitted that the petitioner is a Police Officer and is on operational duties. If it be so, as rightly contended by the learned AGA, transfer of a Police Officer on operational duties is governed by Sec. 20-F of the Karnataka Police Act, 1963 ('the Act'). Therefore, challenge made to the transfer of the petitioner has to be examined in the light of Sec. 20-F of the Act and not the Government Order dated 7-6-2013 referred to above as it specifically states that the guidelines stated therein are not applicable to those Government servants who are governed by separate Acts/Rules framed for the purpose of transfer. Accordingly, Sec. 20-F of the Act requires to be noticed; it reads as follows :