Writ Petition No. 3784 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:12732 WP No. 3784 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 3784 OF 2025 (S-KSRTC) BETWEEN: …PETITIONER SMT. UMAMAHESHWARI A E AGED ABOUT 42 YEARS, W/O PRABHU G, DEPOT MANAGER, MAGADI DEPOT, K.S.R.T.C., RAMANAGARA DIVISION, RAMANAGARA-562159. (BY SRI. MUKKANNAPPA S B.,ADVOCATE) AND: 1. THE MANAGING DIRECTOR K.S.R.T.C. CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027. 2. THE CHIEF PERSONNEL MANAGER, K.S.R.T.C. ESTABLISHMENT SECTION, CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027.
Legal Reasoning
(BY SMT. RENUKA H R.,ADVOCATE) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED TRANSFER ORDER BEARING NO.KST.CO.EST/C-1/266/1268/2024-25 DATED Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:12732 WP No. 3784 of 2025 07.12.2024 PASSED BY THE R-2 WITH THE APPROVAL
Decision
OF THE R-1 AT ANNX-J TO THE WRIT PETITION, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE; QUASH THE IMPUGNED POSTING ORDER BEARING NO.KST/CO/EST/CI/34/1557/2024-25 DATED 29.01.2025 PASSED BY THE R-2 AT ANNX-K TO THE WRIT PETITION IN SO FAR AS IT RELATES TO THE PETITIONER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE; DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER AT SATHAGALLI DEPOT OF KSRTC, MYSORE URBAN TRANSPORT DIVISION, TILL COMPLETION OF 3 YEARS SERVICE IN TERMS OF THE TRANSFER GUIDELINES ISSUED BY THE CORPORATION UNDER CIRCULAR NO. 1545 BEARING NO. KST/CO/ADMN/CO/09/2015-16 DATED 29.04.2015 AT ANNX-L TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who was working as the Depot Manager with the respondent at its Satagalli Depot in Mysuru Division, is aggrieved by the Transfer Order dated 07.12.2024 [Annexure-J] issued by the second - 3 - NC: 2025:KHC:12732 WP No. 3784 of 2025 respondent. The second respondent, by this Order dated 07.12.2024, has called upon the petitioner to report to the Central Office, KSRTC, Bengaluru. The petitioner, by the subsequent Order dated 29.01.2025 [Annexure-K], is posted to Magadi Division, Ramanagara, KSRTC. 2. This Court, on 11.02.2025, has granted interim order staying the operation of both the Orders dated 07.12.2024 and 29.01.2025 on the ground that the petitioner's transfer from Satagalli Depot is premature. If the petitioner complains that this Court's interim order has not been implemented with the respondents insisting upon the petitioner to report to Magadi Depot with the threat of initiation of proceedings for unauthorized absence, the respondent has filed the application for vacating. 3. This Court, on the previous hearing date after examining the petitioner's grievance with the premature transfer, has called upon Ms. H.R.Renuka, - 4 - NC: 2025:KHC:12732 WP No. 3784 of 2025 the learned counsel for the respondents, to secure instructions on the circumstances that impeded the respondent not to implement this Court's interim order. This Court also observed that if this Court's interim order is not implemented, the application for vacating could be rejected on the ground of failure to abide by this Court's interim order unless extraordinary circumstances justify such failure. 4. In the light of the afore circumstances, Ms. H.R. Renuka has invited this Court's attention to the records that justify the respondent's to prematurely transfer from Satagalli Depot. The material furnished for this Court's verification is also made over to Mr.S.B.Mukkannappa, the learned counsel for the petitioner, and the petition stands disposed of by this order after hearing both the learned counsels in the light of these documents. 5. It would suffice for this Court to observe that the petitioner's premature transfer is not - 5 - NC: 2025:KHC:12732 WP No. 3784 of 2025 because of any reason that would make the petitioner culpable in the discharge of her official duties but because of certain allegations made by the family member of another Officer. Ms. H R Renuka submits that if the petitioner, despite the allegations and criminal proceedings and threats, is continued at the same place only to implement this Court's order, there could be further precipitation. 6. This Court has considered the nature of the allegations, and this Court is inclined to accept the justification offered to transfer the petitioner from Satagalli Depot, Mysuru Division and for not implementing this Court's interim order. However, the transfer must also ensure that the petitioner is not needlessly impeded lest it takes the color of punitive action. When this is put to Ms H R Renuka, she is categorical that [i] the respondent will accommodate the petitioner against a vacant post either in Chamarajanagar or in Mandya Division; [ii] - 6 - NC: 2025:KHC:12732 WP No. 3784 of 2025 this would be a temporary accommodation until June 2025 when the petitioner's request for transfer to a Depot within Mysuru Division other than Satagalli Division could be considered subject to vacancy that would be. 7. At this stage, Mr. S B Mukkannappa submits that the petitioner could be severely prejudiced if her absence from duty from 29.01.2025 till today is construed as unauthorized absence. These submissions are also considered in the peculiar circumstances of the case. The merits of these circumstances are examined in the light of this Court's opinion that the petitioner cannot be impeded, and that the decision must not have any hue of punitive action. Hence, in the circumstances, the following:- ORDER [a] The petition stands disposed of quashing the Order dated 29.01.2025 [Annexure-K] - 7 - NC: 2025:KHC:12732 WP No. 3784 of 2025 directing the respondent to forthwith issue necessary Orders to post the petitioner within a Depot in Mandya Division observing that there shall be no proceedings against the petitioner for unauthorized absence from 29.01.2025 till the date she is served with the order in terms of this Court's direction. [b] Further, the respondent is directed to consider accommodating the petitioner in a Depot other than Satagalli Depot within Mysuru Division in the next general transfers. Sd/- (B M SHYAM PRASAD) JUDGE AN/-