Case Note & Summary
The State of Karnataka and its officers filed a writ appeal under Section 4 of the Karnataka High Court Act against an order dated 26.06.2020 passed by a learned Single Judge in Writ Petition No.6715/2020. The appeal challenged the Single Judge's order concerning transfers of the respondents, Sri Dayanand Bhandari and Sri Ranganath, who were government servants. During the hearing, the learned Advocate General for the appellants stated that the State Government did not wish to press the appeal on merits but intended to invoke the power under clause 9 of the guidelines dated 7th June 2013, as specifically permitted by the Single Judge in paragraph 87 of the impugned judgment. The Advocate General cited the exigencies created by the COVID-19 pandemic as the reason for this decision. The Division Bench, comprising the Chief Justice and Justice M. Nagaprasanna, disposed of the appeal as not pressed, clarifying that the appellants were free to take advantage of the liberty granted by the Single Judge. The court made no further orders on the merits of the case.
Headnote
A) Service Law - Transfer - Guidelines - Clause 9 - The State Government sought to invoke clause 9 of the guidelines dated 7th June 2013 to effect transfers due to COVID-19 exigencies, relying on liberty granted by the Single Judge in paragraph 87 of the impugned order. The Division Bench disposed of the appeal as not pressed, clarifying that the appellants could take benefit of the said liberty. (Paras 1-2)
Issue of Consideration
Whether the State Government can invoke clause 9 of the guidelines dated 7th June 2013 in view of the liberty granted by the learned Single Judge.
Final Decision
The appeal is disposed of as not pressed. It is clarified that it will be open for the appellants to take benefit of the liberty granted by the learned Single Judge.
Law Points
- Disposal of appeal as not pressed
- Liberty to invoke clause 9 of guidelines
- COVID-19 exigencies
