LAWS(KAR)-2018-1-8

B. C. RAVINDRA Vs. MANAGING DIRECTOR

Decided On January 02, 2018
Sri. B. C. Ravindra, Appellant
V/S
The Managing Director Respondents

JUDGEMENT

(1.) Though this matter is listed for orders, with the consent of learned counsel for both parties, the same is taken up for final disposal.

(2.) Appellant was working as Assistant Executive Engineer from December 2001 to April 2015 at Bethamangala Sub-Division in Kolar District. He was transferred to Chitradurga during the year 2015. He worked there for nearly 15 months but was again transferred to Bethamangala in June 2016. Thereafter, vide transfer order dated 15.07.2017 impugned in the writ petition appellant was transferred from Bethamangala to Jamakandi Sub-Division and 2nd respondent - Kashi Vishwanath was transferred from Jamakandi to the place of appellant. Indeed, the said transfer of appellant was on account of request made by 2nd respondent - Kashi Vishwanath, for being posted to Bethamangala in the place of appellant. In this background, aggrieved by the order of transfer and contending that the impugned order of transfer was in violation of the transfer policy framed by the State Government, appellant filed the writ petition.

(3.) The writ petition came to be dismissed on 13.12.2017 on the ground that transfer policy framed by the State Government was merely a guideline and was directory in nature. Learned Single Judge has further held that since transfer policy was not mandatory, same was not binding on respondent - Karnataka Urban Water Supply and Drainage Board. In these circumstances, present intra court appeal has been filed.