V T WILSON Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner and the 4th respondent have been transferred vide order dated 08.07.2019. By virtue of the said order, the petitioner who was working at Sakaleshpura, Town Municipal Council had been transferred to K. R. Nagar, Town Municipal Council and the 4th respondent who was not assigned any posting has been transferred to the place of the petitioner. The petitioner is of the cadre of Office Manager, whereas the 4th respondent is of the cadre of Chief Officer. The order of transfer dated 08.07.2019 was withdrawn on 09.07.2019. The said order was passed within a period of one day, which was challenged before the Karnataka State Administrative Tribunal (hereinafter referred to as the 'Tribunal' for short) by the applicant/4th respondent herein.

(2.) The grounds taken by the 4th respondent, who is applicant before the Tribunal is that the withdrawal order of transfer dated 09.07.2019 was passed without assigning any reason and it is premature in nature. Even the Hon'ble Chief Minister has not also assigned any reason while passing the order, as per the guidelines. It is case of the petitioner, who is respondent before the Tribunal that he has not completed minimum tenure of two years at Sakaleshpur and the Hon'ble Chief Minister has not given reasons. Under these circumstances, the transfer order dated 08.07.2019, satisfies the requirements of the guidelines. On considering the case of the respective parties, the Tribunal allowed the application by setting aside the withdrawal order dated 09.07.2019. Being aggrieved by the same, the petitioner/the 4th respondent is before the Tribunal has preferred this writ petition.

(3.) In the instant writ petition, the petitioner has taken the ground that the transfer order dated 08.07.2019 is in the middle of the academic year and the Hon'ble Chief Minister has not assigned any reasons while issuing the said order, which is contrary to the decision of this Court.