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The State of Karnataka v. Smt Sarita Naik

REJECTED
Court
High Court of Karnataka
Decided
16 June 2026
Bench
S.G.Pandit, Rajesh Rai K
Case no.
WP 15042/2026

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Judgment

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 15042 OF 2026 (S-KSAT)

BETWEEN:

¶1THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT EMPOWERMENT OF DIFFERENTLY ABLED, AND SENIOR CITIZENS 3RD GATE, GROUND FLOOR, M.S.BUILDING, DR B.R. AMBEDKAR VEEDHI, BANGALORE – 560 001.

¶2THE DIRECTOR DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, 2ND AND 3RD FLOOR, PWD BUILDING CAMPUS, ANANDA RAO CIRCLE, LAKSHMANPURI, GANDHI NAGAR, BENGALURU – 560 009 …PETITIONERS (BY SRI. V.G.BHANUPRAKASH, AAG A/W SRI. K.R.RAJENDRA, AGA)

AND:

¶1SMT. SARITA NAIK W/O SANTHOS NAIK, AGED ABOUT 42 YEARS, WORKING AS SUPERVISOR, CHILD DEVELOPMENT PROJECT OFFICE (CDPO), KANAKAPURA TALUK,

Location: HIGH COURT OF KARNATAKA

RAMANAGARA, BENGALURU SOUTH TALUK – 562 117

R/AT NO 52, LA VASA, R K FARM GATE, BYAGADADENAHALLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT 562116 …RESPONDENT (BY SRI. M.R.SHIVASHANKARAIAH, ADVOCATE FOR C/R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN APPLICATION NO.22/2026 ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE ORDER DATED 18/02/2026 IN APPLICATION NO.22/2026 PASSED BY THE HONBLE KSAT, BENGALURU VIDE ANNEXURE-A AND ETC.,

THIS PETITION, COMING ON FOR

PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The State Authorities in the Department of Women and Child Development and Empowerment of Differently Abled and Senior Citizens are before this Court under Article 226 of the Constitution of India questioning order dated 18.02.2026 in Application No.22/2026 passed by the

Karnataka State Administrative Tribunal, Principal Bench at Bengaluru (for short, 'the Tribunal') allowing the respondent's application quashing impugned order dated

29.12.2025, by which the order of posting the respondent from Kanakapura to Anekal is cancelled.

¶2Heard learned Additional Advocate General Sri.V.G.Bhanuprakash along with Sri.K.R.Rajendra, learned Additional Government Advocate for petitioners/State and learned counsel Sri.M.R.Shivashankaraiah for respondent. Perused the entire writ petition papers.

¶3The respondent was working as Supervisor in the second petitioner department. While she was working at Anekal as Supervisor, she was transferred to Kanakapura by order dated 27.06.2024. Immediately thereafter, the respondent is said to have reported to duty at the transferred place Kanakapura. The respondent is holding Group-C post and four years tenure is provided to

Group-C post. Thereafter on 06.12.2025, again the respondent was transferred from Kanakapura to Anekal. However, it is stated that the respondent was not relieved at Kanakpura so as to enable her to report at Anekal. Subsequently, by order dated 29.12.2025 of the second petitioner, order dated 06.12.2025 transferring respondent from Kanakapura to Anekal was cancelled. Questioning the said cancellation order dated 29.12.2025, the respondent was before the Tribunal and the Tribunal under the impugned order quashed the order dated 29.12.2025 cancelling the respondent's transfer from Kanakapura to Anekal. The Tribunal in view of the fact that there was no approval of the Chief Minister to the order dated

06.12.2025, quashed the impugned order dated

29.12.2025.

¶4Learned Additional Advocate General Sri.V.G.Bhanuprakash for petitioners would submit that there is a shortage of Supervisors at Kanakapura, as such, transfer of petitioner from Kanakapura to Anekal was

cancelled directing the respondent to continue at Kanakapura. It is submitted that out of 10 posts of Supervisors, only 3 were posted and out of 3, one is on unauthorized absence. Therefore, the respondent's transfer to Anekal was cancelled. It is his submission that in the exigencies of administration, the services of the respondent would be necessary at Kanakapura. Therefore, he prays for allowing the writ petition and to set aside the impugned order passed by the Tribunal.

¶5On the other hand, learned counsel Sri.M.R.Shivashankaraiah for respondent would submit that the petitioners have not relieved the respondent on her transfer from Kanakapura to Anekal and in the meanwhile, the said order was cancelled by order dated

29.12.2025, without obtaining approval from the Chief Minister, which is required in terms of the transfer guidelines which were prevailing at the time of passing the order. Thus, he would pray for dismissal of the writ petition.

¶6On hearing the learned counsel for the parties on 15.06.2025, we directed learned Additional Advocate General to produce original file relating to impugned order of cancellation dated 29.12.2025 and accordingly the file relating to impugned order of cancellation of transfer dated 29.12.2025 is produced. We have gone through the records relating to impugned cancellation of transfer. On perusal of the note sheet relating to impugned order of cancellation of transfer, the Tribunal is justified in coming to the conclusion that the cancellation of transfer is without the approval from the Chief Minister. The transfer guidelines which were in existence as on that day required approval of the Chief Minister for transfer beyond general transfer period. The original file after perusal is returned to the learned Additional Advocate General.

¶7We do not find any error or irregularity in the order passed by the Tribunal. No ground is made out by

the petitioners to interfere with the order passed by the Tribunal.

¶8Accordingly, writ petition stands rejected. However, liberty is reserved to the petitioners to effect transfer in accordance with law, by recording reasons and in the exigencies of administration.

SD/- (S.G.PANDIT) JUDGE

SD/- (RAJESH RAI K) JUDGE

NC CT: RK List No.: 1 Sl No.: 30

Source: High Court of Karnataka, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.