SRI. DILLI RAJAN, ADVOCATE) v. ADVOCATES FOR C/R3 )
Case at a glance
- Bench
- KRISHNA S DIXIT, C M JOSHI ORAL
- Neutral citation
- 2024:KHC:49420-DB
Outcome
Disposed of
Writ petition is disposed of accordingly
Provisions considered
- Constitution of India arts. 226, 227
Judgment
SMT. T.S. SHALINI D/O LATE T.S. SOME GOWDA AGED ABOUT 50 YEARS WORKING AS ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (ENFORCEMENT)-21 ROOM NO. 104, VTK-II KORAMANGALA, BENGALURU-560 027. R/AT FLAT NO.B3105 NIKKOO HOMES II, BHARATIYA CITY BENGALURU-560 094. (BY SRI. VIVEK S. REDDY, SENIOR ADVOCATE ALONG WITH SRI. DILLI RAJAN, ADVOCATE) …PETITIONER NANDINI R Location: High Court of Karnataka AND:
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, VIDHANA SOUDHA BENGALURU-560 001.
THE COMMISSIONER COMMERCIAL TAXES KALIDAS ROAD, GANDHINAGAR BENGALURU-560 009.
SRI. BEDERANAGARAJ WORKING AS ASSISTANT COMMISSIONER - 2 - NC: 2024:KHC:49420-DB WP No. 31904 of 2024 OF COMMERCIAL TAXES LOCAL GOODS SERVICE TAX-495 BELLARY, BELLARY DISTRICT-583 102. (BY SRI. V.G. BHANUPRAKASH, AAG ALONG WITH SRI. SIDDHARTH BABURAO, AGA FOR R1 AND R2; SRI. PRITHVEESH .M.K, & SRI. PRAVEEN KUMAR N.K, ADVOCATES FOR C/R3 ) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI AND SET ASIDE THE ORDER PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No. 4525/2024 DATED 26.11.2024 VIDE ANNEXURE-A, ISSUE WRIT IN THE NATURE OF CERTIORARI AND SET ASIDE THE IMPUGNED NOTIFICATION BEARING No. Aa E 186 CSE 2024 DATED 12.09.2024 PASSED BY RESPONDENT No. 1 VIDE ANNEXURE-B AND SET ASIDE THE SAME IN SO FAR AS TRANSFER AND POSTING OF THE PETITIONER 3 IS CONCERNED AT Sl. No. 123 AND THE RESPONDENT No. 3 AT S.No. 3 AND ETC. THIS PETITION, 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 C M JOSHI ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) The challenge is to the Administrative Tribunal's order dated 26-11-2024, whereby petitioner's Application No.4525/2024 calling in question the Transfer Order dated 12-09-2024 has been negatived. - 3 - NC: 2024:KHC:49420-DB WP No. 31904 of 2024
2. After service of notice, the official respondents have entered appearance through the learned Additional Advocate General Mr.V.G.Bhanuprakash along with Mr. Siddharth Baburao, AGA; private respondent is represented by learned counsel Mr. Prithveesh M.K., along with Mr. Praveen Kumar N.K., on caveat.
Operative part
3. This matter was heard for some time, regard being had to certain issues debated on the floor of Court. That having been done, now the learned Senior Advocate appearing for the petitioner and learned Additional Advocate General appearing for official respondents fairly agree with the suggestion of this Court that the petitioner, who has already reported for duty at the transferred place, would make an appropriate representation to the 1st respondent-Government, and the 2nd respondent- Commissioner would make his recommendation on the said representation and forward for expeditious consideration, in accordance with law. The first respondent shall consider the same keeping in view all parameters - 4 - NC: 2024:KHC:49420-DB WP No. 31904 of 2024 which the Apex Court discussed in B. Varadarao Vs. State of Karnataka1. All contentions in that regard are kept open. It is made clear that the fact that the petitioner has reported for duty at the transferred place shall not come in the way of her representation being considered favourably, in the light of above observations. Writ petition is disposed of accordingly. Cost made easy. SD/- (KRISHNA S DIXIT) JUDGE SD/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 14 1 AIR 1986 SC 1955
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ petition is disposed of accordingly
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.