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IN THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT

.
BANGALORE

DATED : THIS THE 13th DAY OF ]UNE, 2017, I

PRESENT
THE HON,BLE DT.]USTICE K.BHAKTHAVATSALA, CHAIRMAN.

&

THE HON,BLE MT. V,P.BALIGAR, ADMINISTRATIVE MEMBER.

APPLICATION NUMBER : 2643 OF 2017.

BETWEEN

Sri. Anil A. D'Souza, 33 years,

S/o. Sri. Anthony Paul D'Souza,
Deputy Range Forest Officer,
Unchalli Section, Sirsi Range & Division,
Canara Circle, Sirsi, U.K. District,
R/a. Unchalli Forest Residential Quarters,
Unchalli, Sirsi Taluk. APPLICANT. .

(By Sri. M. Venugopal, Advocate).

AND :

1. The State of Karnataka,

Represented by its Additional Chief Secretary to
Governrnent,
Department of Forest, Environment & Ecotogy,
M.S. Building, Bangalore-1.

2. The Principal Chief Conserrzator of Fcresis &

Head of Forest Force,
Aranya Bhavan, Malleshwram,
Bangalore-3.

3. The Chief Conservator of Forests,

Canara Circle, Sirsi,
U.K. District-581 401.
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4. Sri.Shashidhar.L.E.,
Deputy Range Forest Officer,
Mavinagundi Section, Sicjdapura Range,
Sirsi Division, Canara Circle,
U.K. District-581401. .. RESPONDENTS.

(By Sr.nt. Rafeeunnisa, Government Pleader for respondent Nos. 1

to 3. Respondent No.4 served & unrepresented),
**x

This Application is filed under Section 19 of the Administrative

Tribunals Act, 1985, with a prayer to quash the impugned order
dated 29.4.2017 (Annexure-A5) passed by the second respondent.

This Application coming on for Hearing, this day, the Hon'ble

Chairman Dr. IUSTICE K. BHAKTHAVATSALA, rnade the following :

ORDER

丁he applicant is before this ttribunal cha‖ enging the impugned

order of transfer bearin9 No. 13/2017-18′ dated 29.4.2017 at

Annexure― A5on the file oF respOndent No 2 in so far as it relates to

the posting of respondent No 4 to the place oFthe tlpplicant.

2. Learned Counsel for the applicant subnrits ihat on 1.7.5.'2017

when the application was listed on the ground of premaiure transfer

the irnpugned order was stayed for a limited period and the same is

being extended from time to tii-ne. He ftr,llrei' subi-nits that ihere is

no merii in the reply staicment filed by the r'isi:cndents and

accord!ng to Annexure-R2, ccrnnlunication,Jlt.LlC 4. 10.20i6 Forest

departrnent obtained approval of the Hon′ blo Chicf Minister Fo「

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transfer of 107 Deputy Range Forest Officers and 130 Forest

Guards, but only 6 persons out of 107 persons were transferred and

the impugned order daled 29.4.2017 issued on the basis of the

communication dated 7.4.2017 at Annexure-Rl. It is undisputed
that the applicant reported in the present place on 3.9.2016 dnd he

being a Group-C employee is entitled for minimum stay of four

years, but even before he completed minirnum tenure, respondent

No.4 is posted to the place of the applicant and the applicant is

directed to appear before respondent No.3 - Chief Conservator of

Forests, and he would issue posting order. In spite of service of

notice, respondent No.3 has not entered appearance.

3. The Hon'ble Chief Minister has approved the list of officials for

transfer in the month of October 2016; but it was kept in abeyance

till April 2017 and the present impugned order of transfer came to
be issued with reference to 6 perscns out of 107. There is no

material placed on record to show that there was any reasonable

ground for premature transfer. Under such circurnstances, in our

view the impugned order of transfer in so far as it relates to the

posting of respondent No.4 to the place of the applicant calls for our

interference.

4. In view of the above, the apDlication is aliowed and the

impu.gned order of transfer bearing Nc. i3l2017-lB, dated
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29.4.2077 at Annexure-A5 on the file of respondent No.2 in so far

as it relates to the posting of respondent No'4 to the place of the

applicant is quashed. Respondent Nos. 1 to 3 are directed to

continue the applicant in the present place until his transfer in

accordance with law.

HBM