Writ Petition No. 195 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14652-DB WP No. 195 of 2025 C/W WP No. 340 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 195 OF 2025 (S-KSAT) C/W WRIT PETITION NO. 340 OF 2025 (S-KSAT) IN WP No. 195/2025: BETWEEN:
Legal Reasoning
SMT. T P KUSUMA, W/O SRI. VENKATESH, AGED 58 YEARS, 6 MONTHS, SUB-INSPECTOR OF POLICE-1, TRAFFIC POLICE STATION-1, HASSAN-573201. RESIDING AT AVVA, MIG II, NO. 39/A, 2ND STAGE, KUVEMPUNAGAR, HASSAN-573 201. (BY SRI. BALARAJ A C.,ADVOCATE) AND: …PETITIONER 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME, M.S. BUILDING, BENGALURU 560 001. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE POLICE HEAD QUARTERS, NO. 2, NRUPATUNGA ROAD, BENGALURU-560 001. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, SOUTH ZONE, JALAPURI, MYSURU-570 019. Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14652-DB WP No. 195 of 2025 C/W WP No. 340 of 2025 4. SRI. H.T.KRISHNA NAYAK, AGED MAJOR, SUB-INSPECTOR OF POLICE, HASSAN RURAL POLICE STATION, (INVESTIGATION), HASSAN 573 201. 5. THE SUPERINTENDENT OF POLICE, HASSAN DISTRICT, HASSAN-573 201. …RESPONDENTS (BY SRI.VIKAS ROJIPURA.,AGA FOR R1 TO R3 & R5; SRI.BASAVARAJ R PATEL., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE KSAT BENGALURU IN A.No- 4778/2024 AND IN A.No-4850/2024 DATED 19.12.2024 VIDE ANNEXURE-A AND TO ALLOW THE ABOVE APPLICATION BY GRANTING THE RELIEFS AS PRAYED FOR IN THE ABOVE APPLICATION BEARING No.4778/2024 AND IN A.No-4850/2024 VIDE ANNEXURE-B AND C AND II) ALTERNATIVELY DIRECT THE RESPONDENTS 1 TO 3 TO CONTINUE THE PETITIONER AS SUB INSPECTOR AT TRAFFIC POLICE STATION-2, HASSAN TILL HER RETIREMENT ON SUPERANNUATION VIDE ORDER DATED 10.08.2024 VIDE ANNEXURE-A2 AS MARKED IN A.No- 4778/2024 AND ETC., IN WP NO. 340/2025: BETWEEN: SMT. T P KUSUMA W/O. SRI. VENKATESH, AGED 58 YEARS, 6 MONTHS, SUB-INSPECTOR OF POLICE-1, TRAFFIC POLICE STATION-1, HASSAN-573 201. RESIDING AT “AVVA”, MIG II, NO.39/A, 2ND STAGE, KUVEMPUNAGAR, HASSAN 573 201. (BY SRI. BALARAJ A C.,ADVOCATE) ...PETITIONER - 3 - NC: 2025:KHC:14652-DB WP No. 195 of 2025 C/W WP No. 340 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME, M.S. BUILDING, BENGALURU-560 001. 2. THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE, KARNATAKA STATE POLICE HEAD QUARTERS, NO.2, NRUPATUNGA ROAD, BENGALURU-560 001. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, SOUTH ZONE, JALAPURI, MYSURU-570 019. 4. SMT. SAROJA BAYI W/O. K.M.PRAKASH, AGED ABOUT 58 YEARS, POLICE SUB-INSPECTOR-2, TRAFFIC POLICE STATION, HASSAN-573 201. (UNDER ORDERS OF TRANSFER TO BE REPORTED TO IGP OFFICE, (HEAD QUARTERS) SOUTH ZONE, MYSORE, AWAITING POSTING), R/AT HOUSE NO.49, HEMANT COMPLEX, KASTURBA ROAD, TELUGARA STREET, HASSAN-573 201. (BY SRI.VIKAS ROJIPURA., AGA FOR R1 TO R3; SRI.SHREEDHAR B G., ADVOCATE FOR SRI.RAGHAVENDRA G GAYATHRI.,ADVOCATE FOR R4) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION BEARING A. No. 4035 OF 2024 DT 26.9.2024 VIDE ANNEXURE-A AND TO DISMISS THE ABOVE APPLICATION AND II) PASS SUCH OTHER ORDER OR DIRECTION AS THIS HONBLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE AND ALLOW THE ABOVE APPLICATION WITH COSTS, TO MEET THE ENDS OF JUSTICE AND EQUITY. - 4 - NC: 2025:KHC:14652-DB WP No. 195 of 2025 C/W WP No. 340 of 2025 THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Petitioner, a gentle lady in W.P.No.195 of 2025 is knocking at the doors of Writ Court for assailing the State Administrative Tribunal’s common
Decision
order dated 19.12.2024, whereby her Application Nos.4778/2024 and 4850/2024 have been negatived. In Application No.4778/2024, the transfer order dated 10.8.2024 was the subject matter and in Application No.4850/2024, a direction was sought against the official respondents to continue her in the Traffic Police Station-1 at Hassan by voiding the order dated 1.10.2024. 2. After service of notice, the official respondents have entered appearance through the learned AGA and the private respondents are represented by their respective counsel. As between the contesting respondents, lis has - 5 - NC: 2025:KHC:14652-DB WP No. 195 of 2025 C/W WP No. 340 of 2025 been settled to the effect that the petitioner and 4th respondent in W.P.No.340 of 2025 have to be restored to their earlier position immediately preceding the impugned orders of the authorities. Learned AGA having argued the matter for sometime agrees with this proposal since that would not cause any prejudice to administration. Learned counsel appearing for the 4th respondent in W.P.No.195 of 2025 also seeks some protection from displacement. We do not agree with this inasmuch as he has completed his prescribed tenure in the said place. Thus, there is no justiciable right in him to resist the settlement between the petitioner and other respondent i.e., 4th respondent in W.P.No.340 of 2025. 3. We are told at the Bar that some disciplinary proceedings are contemplated against the petitioner herein for not reporting for duty pursuant to orders of transfer she had laid challenge to, before the Tribunal. Since the lis was going on and now it has been amicably settled, in the very fitness of things, the contemplated proceedings shall - 6 - NC: 2025:KHC:14652-DB WP No. 195 of 2025 C/W WP No. 340 of 2025 not be taken up against the petitioner who has a short stint to retire from service. In the above circumstances, these petitions are disposed off directing the official respondents to give effect to the settlement as recorded above between petitioner in W.P.No.195 of 2025 and 4th respondent therein within two weeks. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE DH/cbc List No.: 1 Sl No.: 6