N. MOHAMMED ZUBAIR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Ananth Mandgi, learned Senior Counsel along with Sri Jagadish Patil, learned counsel for the petitioner and Sri Nanjund Reddy, learned Senior Counsel along with Sri K.L.Patil, learned counsel for respondent No.4 and the learned Additional Government Advocate on behalf of respondents 1 to 3.

(2.) The instant petition has a checkered history. The petitioner had approached the Karnataka Administrative Tribunal (for short 'the Tribunal') calling in question the transfer order bearing No.SiAaSuE 107 AaSeVa 2018 dated 18.08.2018 produced as Annexure- A7 to the application registered as Application No.6623/2018.

(3.) Initially the Tribunal was pleased to grant an the interim order of stay staying the operation thereby disabling the 4th respondent from occupying the post in which post the petitioner is working and discharging his duties. Thereafter, the matter was heard and by order 11.10.2018, the Tribunal construing the impugned order as an order transferring the petitioner proceeded to hold that if no posting is shown, the petitioner ought to have reported before the department of Personnel and Administrative Reforms. It further held that the transfer of the petitioner was an Election Transfer (Assembly Elections of 2018) and the elections having been completed, the petitioner ought to have reported back to his previous posting as an officer on special duty with the Hon'ble Speaker, the Legislative Assembly. Holding thus, the Tribunal was pleased to reject the application. Aggrieved, by the same, the petitioner is before this Court in the instant writ petition.