Facts
The petitioner, a driver-cum-conductor with NWKRTC, was accused of issuing excess Shakti Yojana tickets to inflate revenue and obtain an additional incentive of ₹2,044.
Source reference: pp. 3–5His suspension was revoked pending inquiry, but the Managing Director ordered his transfer from Chikkodi Division to Hirekerur Unit in Haveri Division, citing the seriousness of the alleged conduct and the need to protect the Corporation’s administration.
Source reference: pp. 3–5The petitioner challenged the transfer order under Articles 226 and 227, relying on Standing Order No. 18/2025 and Guideline No. 7, which he said required transfer to another depot within the same division after suspension was revoked.
Source reference: pp. 5–6The High Court initially stayed the transfer, then considered the parties’ arguments and dismissed the petition.
Source reference: pp. 5, 8–9Issues
1. Whether the Corporation’s order transferring the petitioner to another division after revocation of his suspension was unlawful or contrary to the applicable standing order and guidelines.
Source reference: pp. 5–6, 8–92. Whether the transfer order warranted interference under Articles 226 and 227 of the Constitution.
Source reference: pp. 1, 8–9Law Applied
Articles 226 and 227 of the Constitution empower the High Court to review administrative action.
Source reference: p. 8An employee generally has no right to choose a particular place of work; a transfer may be interfered with where it violates an applicable statute or operative guideline.
Source reference: p. 8The Court relied on the Coordinate Bench’s decision in W.P. No. 109118/2025, which held that reinstatement does not entitle an employee to select a workplace and that a transfer is not objectionable absent violation of operative guidelines or governing law.
Source reference: p. 8The petitioner also relied on Standing Order No. 18/2025, Guideline No. 7, concerning transfer following revocation of suspension.
Source reference: pp. 5–6Reasoning
The Court treated the present case as factually identical to W.P. No. 109118/2025 and applied that decision’s principle that an employee cannot insist on a chosen workplace unless the transfer contravenes an applicable guideline or statute.
Source reference: p. 8It accepted the Corporation’s explanation that the petitioner’s alleged misconduct could influence other employees and disrupt administration if he remained in the same division, and found that the transfer order stated reasons for moving him to another division.
Source reference: pp. 7–9Although the petitioner relied on Guideline No. 7, the Court concluded that the order disclosed no infirmity and did not warrant interference.
Source reference: pp. 5–6, 9Holding
The Court held that the Corporation’s transfer order was not shown to be unlawful or otherwise infirm.
The Court dismissed the writ petition.
Source reference: p. 9The requested certiorari and consequential mandamus were therefore not granted.
Source reference: p. 9Original Court PDF
SRI BHIMAPPA KEMPANNA PADADALLIvsTHE SENIOR DIVISIONAL CONTROLLER
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