IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 8TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S.G.PANDIT WRIT APPEAL NO.1753 OF 2017 (GM-RES) BETWEEN:
DR. B.K.SHIVAPRASAD RAI SON OF KITTANNA RAI AGED ABOUT 55 YEARS RESIDING AT SHAURYA NEAR KRISHNABAGH HOUSE MARTIN PAIS ROAD HAT HILL, BEJAI POST MANGALURU, D.K.-575 002.
... APPELLANT (BY SRI:NISHIT KUMAR SHETTY, ADVOCATE) AND:
1. KARNATAKA MEDICAL COUNCIL REPRESENTED BY ITS PRESIDENT NO.16 OF 6, 2ND FLOOR VAIDYAKEEYA BHAVANA MILLER TANK BED AREA VASANTHNAGAR BENGALURU-560 004.
2. COMMANDANT BALASUBRAMANIAN MOHAN SON OF LATE S.BALASUBRAMANIAN AGED ABOUT 58 YEARS RESIDING AT NO.507 ALPINE ECO APARTMENTS OUTER RING ROAD MARATHAHALLI BENGALURU-560 037.
3. DR. MS. SHWETHA RAO, BAMS DAUGHTER OF RAMESH P MAJOR RESIDING AT NO.8, PWD QUARTERS BONDEL MANGALURU-575 011.
4. MR. R.S.SHETTIAN SON OF D.P.SHETTIAN AGED ABOUT 55 YEARS MANAGING DIRECTOR ATHENA HOSPITAL FALNIR ROAD MANGALURU-575 002.
... RESPONDENTS (BY SRI:S.N.PRASHANTH CHANDRA, ADVOCATE FOR SRI:B.V.KRISHNA, ADVOCATE FOR R-2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.56626 OF 2016 (GM-RES) DATED 23.02.2017.
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by the learned Single Judge in disposing off the petition, the writ petitioner has filed this appeal.
2. The learned Counsel for the appellant contends that various facts and circumstances are required to be considered in the enquiry. That the enquiry is being proceeded with unnecessarily with a lot of delay.
3. On hearing learned Counsels, we are of the view that even though an enquiry was initiated in the year 2015, it ought to have been completed by now. Therefore, keeping in mind the interest of both the parties and to meet the ends of justice and at the request of the appellant, respondent No.1 is directed to complete the enquiry within a period of six months from the date of receipt of copy of this order.
The appeal is disposed off.
Sd/- Sd/-
JUDGE JUDGE *bgn/-