Karnataka High Court
WP/59506/2015 of SRI UMESH K Vs STATE OF KARNATAKA on 31 December 2015
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31 ST DAY OF DECEMBER, 2015 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.59506 OF 2015 (S-TRANSFER) BETWEEN: Sri. Umesh. K, Professor, Aged 50 years, Government Polytechnic, Buntwal Taluk, Dakshina Kannada District.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2015
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
-WRIT PETITION No.59506 OF 2015 (STRANSFER)
BETWEEN:
Sri. Umesh. K, Professor, Aged 50 years, Government Polytechnic, Buntwal Taluk, Dakshina Kannada District.
…PETITIONER
(By Shri Ranjith K.S., Advocate)
AND:
1. State of Karnataka, Represented by its Education Department (Technical Education), Multi Storied Building, Ambedkar Veedhi, Bangalore-560 001.
2. Education Department (Technical Education), Multi-Storied Building, Ambedkar Veedhi, Bangalore-560 001.
Represented by Secretary to Government, Education Department (Technical Education).
3. The Director, Technical Education Department, Multi Storied Building, Ambedkar Veedhi, Bangalore-560 001.
4. Government Polytechnic College, Buntwal-574 211, Dakshina Kannada District.
5. District Election Officer & Deputy Commissioner, Dakshina Kannada District, Mangalore-574 201.
6. Taluk Election Officer & Tahshildar, Buntwal Taluk 574 211. Dakshina Kannada District.
…RESPONDENTS
(Shri E.S. Indiresh, Additional Government Advocate for Respondents 1 to 4, Shri K.N. Phanindra, Advocate for Respondents 5 and 6)
*****
This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to set aside the order passed by Respondent No.2 dated 14.12.2015 bearing Government order vide Annexure-“A” transferring the petitioner and to direct Respondents 3 to 5 to consider the representation made by the petitioner vide Annexure-C to C2 and pass appropriate orders in accordance with law.
This Writ Petition coming on for preliminary hearing, this day, the court made the following:
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O R D E R
The learned Government Advocate is directed to take notice for Respondents 1 to 4. Shri K.N. Phanindra is directed to take notice for Respondents 5 and 6.
2. Heard the learned counsel for the petitioner.
3. The petitioner is said to be a Professor in Electronics and Communication and is presently serving in the fourth respondent – College.
It transpires that he was drawn into election duty and was appointed as the Presiding Officer of the elections to be conducted for the members of the Legislative Council. Simultaneously, he was transferred to Jalagi in Gulbarga and was required to report around the same time that he was to act as the Presiding Officer in the elections. This according to the petitioner, was impossible of performance. Therefore, he has not been able to report for duty and the petitioner apprehends serious action on account of this circumstance and is before this Court.
4. If the petitioner was assigned election duty and also transferred and posted to work elsewhere where he was supposed to work during the period when the election was being conducted, it would be necessary for the respondents to consider condoning the delay in reporting for duty, having regard to the period during which he was occupied as a Presiding Officer at the elections.
Accordingly, with that observation, the petition stands disposed of.
Sd/-
JUDGE
KS