Case Note & Summary
The petitioner, Sri Shivaputra M Honnalli, was serving as In-Charge Comptroller at the University of Agricultural Sciences, Dharwad. The State Government, by order dated 06.09.2025, transferred him to the Public Works Department, Dharwad, purportedly under the Karnataka Agricultural Universities Act, 2010. The petitioner challenged this transfer by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking a writ of certiorari to quash the transfer order. The main legal issue was whether the transfer order was valid given that the University was not consulted before passing it. The petitioner argued that Section 14(4) of the Karnataka Agricultural Universities Act, 2010 requires the State Government to consult the University before transferring its employees. The respondents, including the State Government and the University, contended that the transfer was in the public interest and that the petitioner was a government servant. The court analyzed the provisions of the Act and found that the petitioner was an employee of the University, a statutory body, and that Section 14(4) mandates consultation with the University before any transfer. Since no such consultation took place, the transfer order was held to be invalid. The court quashed the impugned order and allowed the writ petition, emphasizing that statutory requirements must be strictly complied with.
Headnote
A) Service Law - Transfer - Statutory Consultation - Section 14(4) of Karnataka Agricultural Universities Act, 2010 - Transfer of an employee of a statutory university by the State Government without consulting the university is invalid - The petitioner, an In-Charge Comptroller of the University of Agricultural Sciences, Dharwad, was transferred by the State Government to the Public Works Department without any consultation with the University - Held that the transfer order is quashed as it violates the mandatory requirement of consultation under Section 14(4) of the Act (Paras 1-5).
Issue of Consideration
Whether the transfer order dated 06.09.2025 passed by the State Government transferring the petitioner from the University of Agricultural Sciences, Dharwad to the Public Works Department is valid when the University was not consulted as required under Section 14(4) of the Karnataka Agricultural Universities Act, 2010.
Final Decision
The writ petition is allowed. The impugned order dated 06.09.2025 passed by Respondent No.1 is quashed.
Law Points
- Transfer order quashed for non-compliance with statutory consultation requirement
- Section 14(4) of Karnataka Agricultural Universities Act
- 2010
- Writ of Certiorari
- Articles 226 and 227 of Constitution of India
