N G BILAGIKAR, S/O GANGARAM Vs. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY ENERGY DEPARTMENT VIKASA SOUDHA

JUDGEMENT

(1.) The petitioner- Assistant Executive Engineer of the KPTCL has called in question the transfer order dated 27.09.2018 at Annexure-'D' whereby within a period of 21 days of earlier transfer order dated 06.09.2018 a copy whereof is at Annexure-'A' allegedly on the undue influence and to favour the 4th respondent herein.

(2.) After service of notice, the respondent- KPTCL has entered appearance through it's panel counsel Sri.B.S.Kamate and the 4th respondent entered appearance through private counsel Sri.Ravi Hegde. The first respondent being the State is represented by learned AGA Sri.A.R.Rodrigues.

(3.) Learned counsel for the petitioner banking upon the decision of the Apex Court in the case of SHILPI BOSE AND OTHERS V/S STATE OF BIHAR AND OTHERS, 1991 Supp2 SCC 659 submits that although the power to transfer is ordinarily is the prerogative of the employer still such power can be exercised only in the interest of public administration or for the exigency of the public administration; in the present case the impugned order is made at the instance of the 4th respondent who has been over staying in the same station for about five years or so when the retention period under the applicable Government Order dated 07.06.2013 for the cadre in question is two years.