WP/16515/2026 of SRI A NAVEEN KUMAR Vs THE STATE OF KARNATAKA on 5 June 2026

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

Learned Additional Government Advocate accepts notice for respondents.

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Heard learned counsel Sri.M.K.Prithveesh for petitioner and learned AGA for respondents. Perused the writ petition papers.

2. Learned counsel Sri.Prithveesh for petitioner would submit that the petitioner is working as Deputy Tahsildar, a Group-C post and he was posted to the present place of working i.e., Attibele Hobli, Anekal Taluk, Bangalore Urban District on 12.09.2024 and even before he completes his tenure of 4 years, under impugned order dated 27.05.2026, the petitioner is transferred from the present place as Election Sheristedar, Taluk Office, Turuvekere Taluk, Tumkur District. Learned counsel would submit that the transfer is totally premature and the Tribunal failed to examine the prima facie case made out by the petitioner. Further, learned counsel would submit that no other person is posted in the place of petitioner and taking note of the relieving letter at Annexure-A4 dated 29.05.2026, the Tribunal refused to grant interim order which is unreasonable. Thus, he would pray for allowing the writ petition and to grant interim order as prayed before the Tribunal.

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3. Learned AGA would submit that under what circumstances the petitioner is transferred from Anekal to Turuvekere, Tumkur District is not known. Further, he would submit that the petitioner is transferred from Anekal to a vacant post at Turuvekere as his services were necessary at Turuvekere. Thus, he would pray for dismissal of the writ petition.

4. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered view that the Tribunal failed to examine as to whether the petitioner has made out prima facie case for grant of interim prayer.

5. Admittedly, the petitioner who is working as Deputy Tahsildar in Group-C post was posted to the present place in terms of the Annexure-A1/O.M. dated 12.09.2024. Under impugned order dated 27.05.2026, the petitioner is transferred from Anekal to Turuvekere, Tumkuru District. Admittedly, the petitioner has not completed his tenure of 4 years. It is to be noticed that the Government has power to transfer even before

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completion of tenure, however, by recording reasons for such transfer. In the impugned order of transfer, no reasons are assigned. It is for the Tribunal to examine on filing statement of objection by the respondents as to what is the reason for petitioner’s transfer, since the petitioner has not completed his tenure at the transferred place. We are of the view that in the instant case, the petitioner has made out a prima facie case. The Tribunal mechanically proceeded to reject the application holding that as the petitioner is relieved from his post, the Tribunal could not direct the respondents to continue the applicant in the present post, without noticing that no person is posted in his place.

6. Hence, the following order:

The writ petition is allowed. The order dated 01.06.2026 in Application No.2669/2026 passed by the Tribunal is set aside. The impugned O.M. dated 27.05.2026 bearing No.¹§âA¢(2)/¹Dgï/09/2026 ¹§âA¢(2)/¹Dgï/09/2026 ¹§âA¢(2)/¹Dgï/09/2026 ¹§âA¢(2)/¹Dgï/09/2026-27

27 is stayed, insofar as the petitioner is concerned, till disposal of the application.

Learned AGA Sri.Shivareddy undertakes that statement of objections would be filed by the next date of hearing i.e.

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17.06.2026. If objections are filed, we request that the Tribunal to take up the matter for final disposal.

SD/- (S.G.PANDIT) JUDGE

SD/- (DR.K.MANMADHA RAO) JUDGE

MPK CT:bms List No.: 1 Sl No.: 8