SRI. K R PRAKASH vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:53238-DB
WP No. 30210 of 2026
CNR: KAHC010664242026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 25 DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 30210 OF 2026 (S-KSAT)
BETWEEN:
SRI. K. R. PRAKASH,
S/O. K.M. RAJASHEKAR,
AGED ABOUT 57 YEARS,
WORKING AS ASSISTANT
EXECUTIVE ENGINEER,
PANCHAYAT RAJ ENGINEERING SUB-DIVISION
TUMKUR
UNDER AN ORDER OF POSTING AS ASSISTANT
EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING
SUB-DIVISION, TIPTUR.
RESIDING AT SUPRAJA NILAYA,
6TH CROSS, VALMIKINAGAR, BATAWADI
TUMKUR- 572 102.
…PETITIONER
(BY SRI. PRITHVEESH M K.,ADVOCATE)
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF PUBLIC WORKS,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINICPAL SECRETARY,
DEPARTMENT OF RURAL DEVELOPMENT

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HC-KAR
NC: 2026:KHC:53238-DB
WP No. 30210 of 2026
CNR: KAHC010664242026
AND PANCHAYAT RAJ (SERVICES-A),
DR. AMBEDKAR VEEDHI, VIKASA SOUDHA
BENGALURU-560 001.
2.
THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT,
TUMKUR - 572 101.
3. SRI. N.C. KRISHNAKANTH,
FATHER NAME NOT KNOWN
TO THE PETITIONER,
AGED ABOUT 55 YEARS,
WORKING AS ASSISTANT
EXECUTIVE ENGINEER,
RURAL DRINKING WATER AND
SANITATION SUB-DIVISION,
PWD OFFICE, GANDHINAGAR,
TUMKUR - 572 102.
UNDER AN ORDER OF POSTING ON ADDITIONAL
CHARGE AS ASSISTANT EXECUTIVE ENGINEER,
PANCHAYAT RAJ ENGINEERING,
SUB-DIVISION, TUMKUR.
…RESPONDENTS
(BY SRI. B.S. SUDHINDRA, HCGP FOR RESPONDENTS/STATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENT Nos. 1 TO 3 PERTAINING
TO OFFICIAL MEMORANDUM DATED 03.09.2026 AND ISSUE A
WRIT OR ORDER SETTING ASIDE THE IMPUGNED ORDER
DATED 17.09.2026 PASSED IN APPLICATION No.4316/2026 BY
THE HONBLE KARNATAKA STATE ADMINISRATIVE TRIBUNAL,
BENGALURU BENCH (ANNEXURE-A) INSOFAR AS NON GRANT
OF THE INTERIM ORDER AS PRAYED FOR BY THE PETITIONER
AND CONSEQUENTLY GRANT THE INTERIM ORDER OF STAY AS
PRAYED FOR BY THE PETITIONER BEFORE THE HONBLE
TRIBUNAL IN APPLICATION No.4316/2026 (ANNEXURE-B) AND
ETC.

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HC-KAR
NC: 2026:KHC:53238-DB
WP No. 30210 of 2026
CNR: KAHC010664242026
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 DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
(PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri.Prithveesh.M.K learned counsel for the
petitioner as well as Sri.B.S.Sudhindra learned HCGP for
the respondents.
2. Being aggrieved by the findings given in order
passed by the Karnataka State Administrative Tribunal,
Bengaluru Bench in Application No.4316/2026 dated
17.09.2026, this writ petition is filed.
3. Learned counsel for the petitioner submits that
while the petitioner who was working as Assistant
Engineer-2, Quality Controls Sub-Division, Public Works
Department, Tumkur he was promoted to the cadre of
Assistant Executive Engineer. Thereafter he was deputed

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HC-KAR
NC: 2026:KHC:53238-DB
WP No. 30210 of 2026
CNR: KAHC010664242026
to the Department of second respondent i.e., Department
of Rural Development and Panchayat Raj (Services-A). He
was permitted to report to duty as Assistant Executive
Engineer Pancayat Raj Engineering Sub-Division Tumkur.
Petitioner took charge of the post of Assistant Executive
Engineer, Tumkur on 04.08.2022. However, the third
respondent issued official memorandum on 03.09.2026
and posted the petitioner as Assistant Executive Engineer
Panchyat Raj Sub-Division, Tiptur, and respondent No.4,
who was discharging duties as Assistant Executive
Engineer, Rural Drinking Water and Sanitation Sub-
Division was given additional charge to the post that was
held by the petitioner. Aggrieved by the official
memorandum issued dated 03.09.2026, the petitioner
approached Karnataka Administrative Tribunal through
application No.4316/2026 seeking to quash said official
memorandum. Petitioner sought an interim order of stay
of the official memorandum dated 03.09.2026. The
Tribunal declined to grant interim order of stay as sought

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HC-KAR
NC: 2026:KHC:53238-DB
WP No. 30210 of 2026
CNR: KAHC010664242026
for by the petitioner and being aggrieved by the same, this
writ petition is filed.
4. Learned counsel for the petitioner also states
that the Tribunal placed much reliance upon Section 197
of the Karnataka Grama Swaraj and Panchayat Raj Act and
Section 197 does not authorise the Chief Executive Officer,
Zilla Panchayat to pass an order of deputation or an order
of internal transfer. Learned counsel further submits that
deputing the petitioner, the Chief Executive Officer, Zilla
Panchayat posted the person who was transferred to the
post of the petitioner. Learned counsel thereby states that
the Tribunal ought to have granted an order of stay.
Learned counsel finally seeks this Court to allow the writ
petition, set aside the impugned order and grant an order
of stay as required.
5. Per contra, learned HCGP submits that the
Government will file its statement of objections by the
next date of hearing before the Tribunal and thus, the

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HC-KAR
NC: 2026:KHC:53238-DB
WP No. 30210 of 2026
CNR: KAHC010664242026
matter can be disposed of by the Tribunal by hearing both
sides. Learned Government Advocate seeks to dismiss the
writ petition.
6. While deciding the aspect whether an interim
prayer can be granted in a pending case, the Tribunal or
the Court of Law is not expected to express its view
conclusively and finally on the merits of the matter and
also the application of a particular provision of law, that
too where the applicability of such provision of law is
vehemently disputed by the party who sought interim
relief and where no submission was made in that regard
by the opposite party. However, in the case on hand,
Tribunal indicated its view that as per Section 196(4) and
197(1)(a), (c) and (d) of the Karnataka Gram Swaraj and
Panchayat Raj Act 1993, the Chief Executive Officer, Zilla
Panchayat has authority to make an internal transfer of
the Officials working within the district of Zilla Panchayat
by exercising the power conferred under Section 196 and

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HC-KAR
NC: 2026:KHC:53238-DB
WP No. 30210 of 2026
CNR: KAHC010664242026
197 of the said Act. The apprehension of the petitioner is
that as the Tribunal has indicated its view with regard to
the applicability of those provisions, it may affect his case
though a submission will be made on merits during the
course of final hearing. Having perceived justification in
the submission thus made, we hold that a direction is
required to be issued to the Tribunal not to base its
opinion placing reliance upon the view it expressed
through the impugned order and to dispose of the case on
merits, including applicability of the provisions referred to
the impugned order after hearing both sides. Thus, the
writ petition is disposed of with the following:
ORDER
i. The Karnataka State Administrative Tribunal,
Bangalore is requested to dispose of the case
finally on merits on the next date of hearing in
case the respondent files the statement of
objections by that time and in case there is no
possibility of disposal of the case on merits

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HC-KAR
NC: 2026:KHC:53238-DB
WP No. 30210 of 2026
CNR: KAHC010664242026
finally, not to give longer date of adjournment
and to dispose of matter as early as possible.
ii. During the course of final disposal, the opinion
expressed through the impugned order on
applicability of Sections 196(4) and Section
197(1)(a), (c) and (d) of the Karnataka Gram
Swaraj and Panchayat Raj Act, 1993 shall not be
taken into consideration.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
List No.: 1 Sl No.: 13