IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.20565 OF 2019 (S – DIS) BETWEEN:
D.L. Shivarame Gowda, S/o. Late G. Lakshmegowda, 59 years, R/at 1614, Sri. Lakshmi Channakeshava Nilaya, 25th Main, 39-B Cross, ‘D’Group Layout, Srigandakaval, Vishwaneedum Post, Bengaluru – 560 091. ...Petitioner (By Sri. T.A. Karumbaiah, Advocate) AND:
1. State of Karnataka, Home Department, Vikasa Soudha, Dr. B.R. Ambedkar Road, Bengaluru – 01.
By its Secretary.
2. The Deputy/Inspector General of Police and Appellate Authority, K.S.R.P., Nrupatunga Road, Bengaluru – 01.
3. The Commandant, 3rd B.N., KSRP, Koramangala, Bengaluru – 34. ... Respondents (By Sri. Vasanth V. Fernandes, HCGP) This Writ Petition is filed under Article 226 of the Constitution of India praying to (i) issue a writ of certiorari to quash Annexure – B the order dated 01.10.2018 passed by 3rd respondent in No.Staff-4/DE/23/2002-03, (ii) issue a writ of mandamus directing the 2nd respondent to consider Annexure – C the appeal dated 29.11.2018 filed by the petitioner and to pass appropriate order within a specified time and etc.
This Writ petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Petitioner has filed the present writ petition for the following reliefs:
(i) issue a writ of certiorari to quash Annexure – B the order dated 01.10.2018 passed by 3rd respondent in No.Staff- 4/DE/23/2002-03.
(ii) issue a writ of mandamus directing the 2nd respondent to consider Annexure – C the appeal dated 29.11.2018 filed by the petitioner and to pass appropriate order within a specified time.
2. It is the case of the petitioner that he was appointed as a Constable in Karnataka State Reserve Police and has joined service on 09.04.1984. Subsequently, he was kept under suspension from 07.01.1993 on the charge that he has collected Rs.10 to 15 thousand from Jayaramaiah and others making false promise of getting them a police constable post. After enquiry, the petitioner was dismissed from service vide order dated 12.06.1995. Against the said order, petitioner filed Application No.3271/2006 before the Karnataka Administrative Tribunal, Bengaluru. The said application was allowed on 24.05.2018 setting aside the order of dismissal and remanded the matter for fresh consideration. After remand, respondent No.3 reconsidered the matter and by the order dated 01.10.2018 dismissed the petitioner from service. Against the said order, on 29.11.2018, petitioner filed an appeal before respondent No.2 and that till today, respondent No.2 has not passed any order. Therefore, the petitioner is before this court seeking writ of mandamus.
Prayer No.(i) is dismissed as not pressed for time being.
3. Heard Sri. Karumbaiah T.A., learned counsel appearing for the petitioner and Sri.Vasanth V. Fernandes, HCGP appearing for the respondents.
4. Learned counsel for the petitioner reiterating the grounds urged in the writ petition sought to allow the writ petition. The learned HCGP submits that the Appellate Authority has to consider the appeal and pass appropriate orders within a reasonable period. The said submission is placed on record.
5. In view of the above, without adverting to the merits and demerits of the case, this Court is of the opinion that it is the duty of the Appellate Authority- respondent No.2 to consider the appeal and dispose of the appeal within reasonable period, which was filed by the petitioner as long back as on 29.11.2018. It is a fit case to direct the Appellate Authority-respondent No.2 to consider the appeal filed by the petitioner (Annexure – C) on 29.11.2018 and pass appropriate orders, within a period of four weeks from the date of receipt of this order.
Accordingly, writ petition is allowed.
Sd/- JUDGE SV/-