Case Note & Summary
The petitioner, Sri V.G. Hittalmani, an Executive Officer of Taluk Panchayath, Bailahongala Taluk, Belgaum District, filed a writ petition under Articles 226 and 227 of the Constitution of India against the order dated 03.08.2016 passed by the Karnataka State Administrative Tribunal. The Tribunal had dismissed his application and directed him to make a representation to the first respondent (State of Karnataka) seeking posting, with a direction to the first respondent to consider the same within one month. The petitioner was represented by Sri Mahesh L of M/s Panchajanya Associates. The respondents included the State of Karnataka, Sri C.S. Kadrolli (another Executive Officer), and the Under Secretary, Panchayath Raj Department. The High Court, after hearing the parties, found no error in the Tribunal's order and dismissed the writ petition, noting that the petitioner was permitted to make a representation and the first respondent was directed to consider it. The court did not find any grounds to interfere under Articles 226 and 227.
Headnote
A) Service Law - Posting and Transfer - Representation - The petitioner challenged the Tribunal's order dismissing his application and directing him to make a representation to the first respondent for posting. The High Court upheld the Tribunal's order, finding no error, and dismissed the writ petition. (Paras 5-7)
Issue of Consideration
Whether the Karnataka State Administrative Tribunal erred in dismissing the petitioner's application and directing him to make a representation to the first respondent for posting.
Final Decision
The High Court dismissed the writ petition, finding no error in the Tribunal's order. The petitioner was permitted to make a representation to the first respondent seeking posting, and the first respondent was directed to consider the same and pass appropriate orders within one month from the receipt of the representation.
Law Points
- Administrative Tribunal jurisdiction
- Writ jurisdiction under Articles 226 and 227
- Service law
- Posting and transfer
Case Details
2016 LawText (KAR) (08) 10
WRIT PETITION NO.43919 OF 2016 (S-KAT)
Justice Jayant Patel, Justice S.N. Satyanarayana
Sri Mahesh L for M/s Panchajanya Associates (for petitioner), Sri H.T. Narendra Prasad, AGA for R1 & R3, Sri Balagangadhar for C/R2
The State of Karnataka, Sri C.S. Kadrolli, The Under Secretary, Panchayath Raj Department
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Nature of Litigation
Service matter regarding posting of an Executive Officer
Remedy Sought
Petitioner sought to challenge the order of the Karnataka State Administrative Tribunal dismissing his application and directing him to make a representation for posting
Filing Reason
Petitioner was aggrieved by the Tribunal's order dated 03.08.2016
Previous Decisions
The Karnataka State Administrative Tribunal dismissed the petitioner's application and directed him to make a representation to the first respondent for posting, with a direction to consider it within one month
Issues
Whether the Tribunal erred in dismissing the application and directing the petitioner to make a representation for posting
Submissions/Arguments
Petitioner argued against the Tribunal's order
Respondents supported the Tribunal's order
Ratio Decidendi
The High Court found no error in the Tribunal's order directing the petitioner to make a representation for posting, and thus dismissed the writ petition under Articles 226 and 227 of the Constitution of India.
Judgment Excerpts
The present petition is directed against the order dated 03.08.2016 passed by the Karnataka State Administrative Tribunal, whereby the Tribunal for the reasons recorded in the order has dismissed the application and further has observed that the petitioner is permitted to make representation to the first respondent seeking posting and the first respondent is directed to consider the same and pass appropriate order within one month from the receipt of the representation.
Procedural History
The petitioner filed an application before the Karnataka State Administrative Tribunal, which was dismissed on 03.08.2016. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka.
Acts & Sections
- Constitution of India: Articles 226, 227
