STATE OF KARNATAKA vs PAVAN F CHALAVADI
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60639-DB
WP No. 23757 of 2026
C/W WP No. 23870 of 2026
WP No. 23926 of 2026
CNR: KAHC010524042026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 23757 OF 2026 (S-KSAT)
C/W
WRIT PETITION NO. 23870 OF 2026 (S-KSAT)
WRIT PETITION NO. 23926 OF 2026 (S-KSAT)
IN WP No. 23757/2026:
BETWEEN:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
2. THE DIRECTOR GENERAL AND INSPECTOR
GENERAL OF POLICE,
KARNATAKA STATE,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
3. THE POLICE COMMISSIONER,
MANGALURU CITY,
MANGALURU-575 001.
4.
THE COMMISSIONER OF POLICE,
BELAGAVI CITY, POLICE COMMISSIONER
OFFICE ROAD,
BELAGAVI-590 001.
…PETITIONERS
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HC-KAR
NC: 2026:KHC:60639-DB
WP No. 23757 of 2026
C/W WP No. 23870 of 2026
WP No. 23926 of 2026
CNR: KAHC010524042026
(BY SRI. VIKAS ROJIPURA, AGA)
AND:
RASHID M SHAIKH
S/O. MADARSAB SHAIKH,
AGED 32 YEARS,
WORKING AS CIVIL HEAD CONSTABLE-658,
WOMEN POLICE STATION,
MANGALURU CITY,
RESIDING AT: POLICE QUARTERS,
BAJPE VILLAGE,
MANGALURU.
…RESPONDENT
(BY SRI. PRADEEP KUMAR BHARADWAJ, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR SETTING ASIDE ORDER DATED 17/12/2025
PASSED BY THE LEARNED KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION
NO.3490/2025 PRODUCED AT ANNEXURE-A.
IN WP NO. 23870/2026
BETWEEN:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2.
THE DIRECTOR GENERAL
AND INSPECTOR GENERAL OF POLICE,
KARNATAKA STATE, NRUPATHUNGA ROAD,
BENGALURU - 560 001.
3. THE POLICE COMMISSIONER,
MANGALURU CITY-575 001.
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HC-KAR
NC: 2026:KHC:60639-DB
WP No. 23757 of 2026
C/W WP No. 23870 of 2026
WP No. 23926 of 2026
CNR: KAHC010524042026
4. THE SUPERINTENDENT OF POLICE,
VIJAYANAGARA DISTRICT,
HOSAPETE-583 201.
...PETITIONERS
(BY SRI. VIKAS ROJIPURA, AGA)
AND:
HIRYANAIK LAMBANI,
S/O. LATE OBBYA NAIK.L,
AGED 42 YEARS,
WORKING AS CIVIL HEAD CONSTABLE-979,
TRAFFIC WEST POLICE STATION,
MANGALURU CITY,
RESIDING AT NO.104,
POLICE LANE, BLOCK NO.19,
PANDESHWRA, MANGALURU.
...RESPONDENT
(BY SRI. PRADEEP KUMAR BHARADWAJ, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR SETTING ASIDE ORDER DATED 17/12/2025
PASSED BY THE LEARNED KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION
NO.3559/2025 PRODUCED AT ANNEXURE-A.
IN WP NO. 23926/2026
BETWEEN:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
HOME DEPARTMENT, VIDHANA SOUDHA,
BENGALURU - 560 001.
2.
THE DIRECTOR GENERAL AND
INSPECTOR GENERAL OF POLICE,
KARNATAKA STATE,
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HC-KAR
NC: 2026:KHC:60639-DB
WP No. 23757 of 2026
C/W WP No. 23870 of 2026
WP No. 23926 of 2026
CNR: KAHC010524042026
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
3.
THE POLICE COMMISSIONER,
INFANTRY ROAD,
BENGALURU CITY-560 001.
4. THE SUPERINTENDENT OF POLICE,
BELAGAVI DISTRICT,
BELAGAVI-590 001
...PETITIONERS
(BY SRI. VIKAS ROJIPURA, AGA)
AND:
PAVAN F. CHALAWADI,
S/O.FAKIRAPPA,
AGED 38 YEARS,
WORKING AS CIVIL HEAD
CONSTABLE-10670,
SRIRAMAPURA POLICE STATION,
BENGALURU CITY,
RESIDING AT NO.16, 1ST FLOOR,
6TH BLOCK, J.B. KAVAL,
POLICE QUARTERS, KRISHNANAND NAGAR,
NANDINI LAYOUT, BENGALURU.
...RESPONDENT
(BY SRI. PRADEEP KUMAR BHARADWAJ, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI FOR SETTING ASIDE ORDER DATED 08.12.2025
PASSED BY THE LEARNED KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION
NO.3520/2025 PRODUCED AT ANNEXURE-A.
THESE PETITIONS ARE COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC:60639-DB
WP No. 23757 of 2026
C/W WP No. 23870 of 2026
WP No. 23926 of 2026
CNR: KAHC010524042026
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
COMMON ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Since the common questions in the above petitions
would arise as to whether service of 7 years for transfer to
other district units shall be in the post or at place, all the
writ petitions are heard together and disposed of by this
common order. In all the above writ petitions State
authorities in Home Department and Director General and
Inspector General of Police are before this Court
questioning the order passed by the Karnataka State
Administrative Tribunal, Bengaluru (for short 'the
Tribunal') directing the petitioners herein to consider the
claim of the respondents-applicants before the Tribunal for
transfer with loss of seniority from Mangaluru City Unit in
two writ petitions and from Bengaluru City Unit in one writ
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WP No. 23926 of 2026
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petition, on couple case basis if any vacancy arises in the
Belagavi City Unit and if they are otherwise eligible.
2. In W.P.No.23757/2026 the respondent -
applicant before the Tribunal was appointed as Civil Police
Constable on 09.12.2011 and was further promoted as
Civil Head Constable on 14.09.2022. The respondent
therein sought transfer from Mangaluru City Unit to
Belagavi Unit.
3. In W.P.No.23870/2026 respondent therein was
appointed as Civil Police Constable on 28.03.2008 and he
was further promoted as Civil Head Constable on
17.06.2019. The respondent therein also sought transfer
from Mangaluru City Unit to Vijayanagara District Unit.
4. In W.P.No.23926/2026 the respondent therein
was appointed as Civil Police Constable on 02.08.2010 in
the Bengaluru City Unit and he was further promoted as
Civil Head Constable on 25.03.2021. The respondent
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therein sought transfer from Bengaluru City Unit to
Belagavi District Unit.
5. This Court in W.P.No.23689/2026 dated
25.09.2026 in an identical fact situation considering
Karnataka State Police Department (Transfer) (Special)
Rules, 2022 (for short 'Rules 2022') at paragraph Nos.8, 9
and 10 it is held as follows:
8. On hearing the learned Additional Government
Advocate and on perusal of the entire writ petition papers
in particular, the Rules, 2022 as well as Government
order dated 15.07.2024 we are not inclined to interfere
with the impugned order passed by the Tribunal for the
following reasons:
Rules, 2022 is introduced to regulate the transfers
of the Police Sub-Inspector (Civil/CAR/DAR), Assistant
Police Sub-Inspector Head Constable (Civil/CAR/DAR),
Police Constable (Civil and CAR/DAR) and First Division
Assistant/Second Division Assistant/Dalayat and Group-D
employees of the Police Department from one
District/Unit to another District/Unit or from one
Range/Commissioner Range to another
Range/Commissioner Range. The Rules also prescribes
the method of transfer and Rule 3(iii) of Rules, 2022
insofar as the Police Constables are concerned reads as
follows:
“(3) Police Constable: (Civil and CAR/DAR)
(i) Must of have completed minimum period of
Seven years service.
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C/W WP No. 23870 of 2026
WP No. 23926 of 2026
CNR: KAHC010524042026
(ii) He shall be placed below the last person in
that cadre in the seniority list of the unit at the
time of reporting/joining to which he is
transferred.
(iii) In case of Ex-servicemen he should have
completed minimum period of three years service
and satisfactorily completed his probation period.
(iv) In cases where both husband and wife are
in Government service and a request for transfer
under these rules is made by a spouse, from a
post in one unit of seniority in a
Range/Commissionarate to an identical post in the
same cadre in another unit of seniority in another
Range/Commissionarate, the competent authority
can consider the request for transfer subject to the
following conditions, namely:-
(a) the Police Constable: (Civil and CAR/DAR)
must have satisfactorily completed the
probationary period; and
(b) the provision of rule 16-A of and the general
instructions that may be issued by the
Government from time to time under the
Karnataka Civil Services (General Recruitment)
Rules, 1977 shall apply mutatis mutandis to such
request for transfer.
(v) Sanctioned post shall be vacant and
available in the unit or place to be transferred in a
Range/Commissionarate.
(iv) Such transfer shall not be permissible from
one cadre to another cadre.
(v) Since the appointment being made at the
request of the Government servant his seniority
shall be placed below that of the last person in the
cadre of the transferred unit or place in a
Range/Commissionarate.”
The first condition would require the Police Constable to
complete minimum period of seven years service in a
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WP No. 23926 of 2026
CNR: KAHC010524042026
particular Unit to claim transfer from one District Unit to
another District Unit.
9. In the instant case, the respondent who was
appointed as Police Constable on 13.03.2008, by the time
he made request for transfer from Shivamogga District
Unit to Vijayanagara District Unit has completed seven
years service. The contention of the learned Additional
Government Advocate is that the respondent who was
promoted as Head Constable on 04.06.2020 has not
completed seven years service in that particular post,
placing reliance on the Government order dated
15.07.2024. The said submission is untenable and is
contrary to Rule 3(iii) of Rules, 2022. The Rule would
make it abundantly clear that a Constable who completes
minimum period of seven years service would be entitled
to seek transfer from one District Unit to another District
Unit, subject to fulfilling other conditions. The
Government order which according to learned Additional
Government Advocate is issued to supplement Rules,
2022. Insofar as condition No.7 in Government order
dated 15.07.2024 is concerned, would not supplement the
Rules, 2022. The same reads as follows:
“7. Only personnel who have rendered at least
7 years of service in the post and unit in which
they are currently serving (including personnel in
the same post) shall be eligible for transfer
(minimum 3 years in case of Ex-Servicemen).”
On the other hand, it would run contrary to Rule 3(iii) of
Rules, 2022. When the Rules would prescribe minimum of
seven years service, the Executive Order/Government
order dated 15.07.2024 could not say seven years of
service in a ‘post’. The Government order dated
15.07.2024 would take away the benefit which was
granted under Rules, 2022.
10. No doubt, the Government has power to issue
Government order or Executive Order to supplement the
Rules when it finds that certain contingencies are not
provided for under the Rules. Executive Orders could be
issued to supplement the Rules and Executive Orders
cannot be issued to take away the effect or benefit of the
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HC-KAR
NC: 2026:KHC:60639-DB
WP No. 23757 of 2026
C/W WP No. 23870 of 2026
WP No. 23926 of 2026
CNR: KAHC010524042026
Rules. Further, Executive Order could also be issued
where the field is not occupied by the Rules.
6. The above decision would aptly apply to the
facts of the above cases. The respondents herein had
sought transfer from one district unit to another district
unit on completion of more than 7 years service. The
petitioners on the basis of Executive Order dated
15.07.2024 could not have come to the conclusion that
the respondents have not rendered 7 years of service in a
post.
7. Thus, following the decision dated 25.09.2026
in W.P.No.23689/2026, the above writ petitions stand
dismissed .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
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