Case Note & Summary
The petitioner, Smt. Jyothi R J, a Deputy Secretary to the Government of Karnataka in the Food and Civil Supplies Department, was transferred by an order dated 15.06.2020. She challenged the transfer before the Karnataka State Administrative Tribunal (the Tribunal) in Application No.1830/2020, seeking an interim stay of the transfer order. The Tribunal, by order dated 15.06.2020, deferred the interim prayer until the respondents filed their objections. Aggrieved by the deferral, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, seeking quashing of the Tribunal's order insofar as it rejected the interim prayer. During the hearing, the petitioner's counsel, Sri Sathish M Doddamani, initially argued on merits but later submitted that the petitioner would be satisfied if the Tribunal were directed to consider the interim prayer within a timeframe. The learned Government Advocate, Sri Kiran Kumar T.L., appearing for respondents 1 and 2, had no objection to such a direction. The High Court, without expressing any opinion on the merits of the case, disposed of the writ petition with a direction to the Tribunal to consider and pass appropriate orders on the petitioner's interim application within two weeks from the date of receipt of a copy of the order. The Court also directed the petitioner to file a copy of the writ petition along with the order before the Tribunal.
Headnote
A) Service Law - Transfer - Interim Relief - Karnataka State Administrative Tribunal - Petitioner challenged transfer order before Tribunal; Tribunal deferred interim prayer pending objections - High Court directed Tribunal to consider interim prayer within two weeks - Held that Tribunal should expedite hearing of interim application (Paras 1-4).
Issue of Consideration
Whether the Tribunal should be directed to consider the interim prayer for stay of transfer order within a specified timeframe.
Final Decision
Writ petition disposed of with direction to Tribunal to consider and pass appropriate orders on petitioner's interim application within two weeks from receipt of copy of order.
Law Points
- Administrative Tribunal
- Interim Relief
- Transfer Order
- Expedited Hearing
Case Details
2020 LawText (KAR) (07) 241
Writ Petition No.8695 of 2020 (S-KSAT)
Aravind Kumar, Jyoti Mulimani
Sathish M Doddamani, Kiran Kumar T.L.
The State of Karnataka, The Secretary to Government DPAR, Sri V Venkatesh
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of Karnataka State Administrative Tribunal deferring interim prayer for stay of transfer order.
Remedy Sought
Quashing of Tribunal's order dated 15.06.2020 insofar as it rejected interim prayer, and direction to Tribunal to consider interim prayer.
Filing Reason
Petitioner was transferred; Tribunal deferred interim stay application pending objections.
Previous Decisions
Tribunal by order dated 15.06.2020 deferred interim prayer in Application No.1830/2020.
Issues
Whether the Tribunal should be directed to consider the interim prayer for stay of transfer order within a specified timeframe.
Submissions/Arguments
Petitioner's counsel initially argued on merits but later submitted that direction to Tribunal to consider interim prayer within timeframe would suffice.
Government Advocate had no objection to such direction.
Ratio Decidendi
The High Court directed the Tribunal to expedite consideration of the interim application without expressing any opinion on merits, as the petitioner's counsel agreed to such a course and the Government Advocate had no objection.
Judgment Excerpts
Petitioner who was applicant before the Karnataka State Administrative Tribunal at Bengaluru ... is before this Court challenging the order dated 15.06.2020 at Annexure-B, whereunder interim prayer sought for stay operation of order of transfer has been deferred till filing of objections by respondents.
Learned Government Advocate ... has no objection for the said prayer being granted.
Hence, without expressing any opinion on the merits of the case, this writ petition is disposed of with a direction to the Tribunal to consider and pass appropriate orders on the interim application filed by the petitioner within two weeks from the date of receipt of a copy of this order.
Procedural History
Petitioner filed Application No.1830/2020 before Karnataka State Administrative Tribunal challenging transfer order and seeking interim stay. Tribunal by order dated 15.06.2020 deferred interim prayer. Petitioner filed Writ Petition No.8695/2020 before High Court challenging deferral. High Court disposed of writ petition on 10.07.2020 directing Tribunal to consider interim application within two weeks.
Acts & Sections
- Constitution of India: Articles 226, 227
