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CDJ 2026 Kar HC 357 print Preview print Next print
Court : High Court of Karnataka
Case No : Writ Petition No. 3300 Of 2026 (S-TR)
Judges: THE HONOURABLE MR. JUSTICE S.R. KRISHNA KUMAR
Parties : V. Kiran Versus The State Of Karnataka, Department Of Commerce & Industries, Represented By Its Principal Secretary, Bangalore & Others
Appearing Advocates : For the Petitioner: K. Satish, Advocate. For the Respondents: R1, Spoorthy Hegde, AGA, R2, A. Chadnrashekar, R3 & R4, P.V. Cahdnrashekar, R5, Dilip Kumar, Advocates.
Date of Judgment : 01-04-2026
Head Note :-
Constitution of India - Article 226 -

Comparative Citation:
2026 KHC 17724,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India

2. Catch Words:
- stay, writ, petition

3. Summary:
The petitioner filed a writ petition under Article 226 seeking the production of records and quashing of orders dated 31‑01‑2026 and 29‑01‑2026, along with directions for a suitable posting. An interim order dated 04‑02‑2026 stayed the impugned orders and directed service of notices. The petitioner argued that the interim order prevented continuation as Assistant Engineer, while respondents contended that a posting could be provided if reasonable time were granted. After hearing both sides, the Court deemed it appropriate to dispose of the petition and directed Respondent 2 (KPTCL) to furnish an appropriate posting within two weeks. The order was handed down with permission for hand delivery.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: This W.P is filed Under Article 226 of the Constitution of India praying to call for records from the Respondent No. 4 pertaining to the impugned order dated 31/01/2026 (Annexure - E) and issue writ or order quashing the impugned order dated 31/01/2026 Bearing No.Kakalpraamam/Kemka/Dp-1978/17142/2025-26 passed by the Respondent No. 4 (Annexure - E), in the interest of justice and equity.)

Oral Order

1. In this petition, petitioner seeks for the following reliefs:-

          "a) Call for records from the Respondent No.4 pertaining to the impugned Order dated 31.01.2026 (Annexure - E);

          b) Issue Writ or order quashing the impugned Order dated 31.01.2026 bearing No.KaKaiPraAMam/KemKa/DP-1978/17142/2025-26 passed by the Respondent No.4 (Annexure - E), in the interest of justice and equity.;

          c) Pass any such other Order which this Hon'ble Court deems fit, including the cost of the Writ petition, in the interest of justice and equity.

          d) Issue Writ or Order quashing the impugned Order dated 29.01.2026 bearing No.CI 581 IAP 2025 passed by the Respondent No.1 (Annexure - F), in the interest of justice and equity."

2. Heard learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondent Nos.2 to 5 and perused the material on record.

3. On 04.02.2026, this Court has passed the following interim order:

          "I.A.No.1/2026 is filed seeking dispensation of production of certified copy of Annexure-E. Perused the affidavit filed in support of the applications.

          For the reasons stated in the accompanying affidavit, production of the certified copy of Annexure-E is dispensed with for the present, subject to the condition that same shall be furnished within a period of four weeks. Application stands disposed of.

          Heard.

          Learned Government Advocate is directed to accept notice for respondent No.1.

          Mr.A.Chandrachud, learned counsel is directed to accept notice for respondent No.2.

          Mr.P.V.Chandrashekar, learned counsel is directed to accept notice for respondent Nos.3 and 4.

          Office to show the names in the cause list. Learned counsel for the petitioner to serve two sets of copy of the writ petition on learned Government Advocate and one set on counsels for respondent Nos.2 to 4.

          Issue emergent notice to respondent No.5 Stay of Annexure-E dated 31.01.2026 till the next date of hearing, if the said order has not been implemented.

          Re-list this matter on 09.02.2026. Hand Delivery of this order is permitted."

4. As can be seen from the aforesaid interim order passed by this Court, the petitioner, the impugned orders dated 29.01.2026 / 31.01.2026 were stayed subject to the same not having been implemented as on that day. It is however a matter of record that the respondent No.5 who was transferred to the place/post of the petitioner had already assumed charge by that date and as such, the petitioner was not permitted to continue to work as Assistant Engineer (Electrical) in the KIADB, Mysuru zone, Mysuru, from the date of the interim order.

5. Learned counsel for the petitioner submits that the petition may be disposed of directing respondent No.2 to provide a suitable/ appropriate/ available posting as expeditiously as possible.

6. Per contra, learned counsel for the respondents submits that if reasonable time is granted, respondent No.2 would provide an available posting to the petitioner in accordance with law.

7. In view of the aforesaid facts and circumstances of the case, I deem it just and appropriate to disposed of the petition by issuing certain directions. In the result, I pass the following order:

ORDER

          i) The petition is hereby disposed of.

          ii) Respondent No.2 - KPTCL is directed to provide an appropriate/ suitable/ available posting to the petitioner in accordance with law within a period of two weeks from today.

          Hand delivery of this order is permitted.

 
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