IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.46698/2019 (S-KSAT) BETWEEN DR. H. B. BHODEPPA S/O HANUMANTHAPPA, AGED ABOUT 42 YEARS, RESIDENT OF SUNNADAKOPPA SHIKARIPURA TALUK SHIMOGA DISTRICT PRESENTLY WORKING AS ADDITIONAL DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU - 560 009. ... PETITIONER (BY SRI A.S.PONNANNA, SENIOR COUNSEL FOR SMT. LEELA P DEVADIGA, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DPAR (SERVICES-2) VIDHANASOUDHA, DR.AMBEDKAR VEEDHI BENGALURU - 560 001.
2. SMT. SHREEROOPA (KAS SENIOR GRADE) AGED ABOUT 43 YEARS, W/O SUDHAKARLAL R/AT NO.166, 3RD CROSS, 2ND STAGE, BASAVESWARANAGAR BENGALURU - 560 079. ... RESPONDENTS (BY SMT.SHILPA S. GOGI, HCGP FOR R1 SRI M.NAGA PRASANNA, SENIOR COUNSEL FOR SRI PUTTEGOWDA.K, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED INTERIM DATED 19.9.2019 PASSED BY THE LEARNED KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.5725/2019 A ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.5725/2019 A COPY OF WHICH IS HEREIN PRODCUED AT ANNEXURE-A DULY DIRECTING THE RESPONDENTS TO CONTINUE THE PETITIONER AS ADDITIONAL DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The 2nd respondent-Dr.H.B.Bhodeppa in Application No.5725/2019 on the file of the Karnataka State Administrative Tribunal (for short ‘Tribunal’) has come up in this petition impugning the interim order dated 19.09.2019 passed therein. Admittedly, in the said proceedings a positive direction was issued to the petitioner as and by way of interim order, wherein the petitioner is directed to handover charge of the post of Additional Deputy Commissioner, Bangalore Urban District, Bangalore, to respondent No.2 herein-Smt.Shreeroopa, who is the applicant before the Tribunal and further directing the petitioner herein to report before the 1st respondent-State and seek posting order pending disposal of the application before the Tribunal.
2. Heard Sri A.S.Ponnanna, learned Senior counsel for Smt. Leela P. Devadiga, learned counsel for the petitioner, Smt.Shilpa S Gogi, learned HCGP for respondent No.1-State and Sri M.Nagaprasanna, learned Senior counsel for Sri Putte Gowda K., appearing for respondent No.2 and perused the grounds urged in the writ petition as well as the order impugned.
3. It is shocking and surprising to see the nature of interim order granted to the 2nd respondent in the aforesaid proceedings directing to restore the applicant to the original position even before the matter is heard and decided on merits.
4. In that view of the matter, this Court is of the considered opinion that the said order is required to be interfered forthwith. Since, the challenge is only to the said interim order, admitting this petition to consider the same at a later stage does not arise. Accordingly, the writ petition is allowed. The order impugned is set aside and the parties are permitted to pursue the application pending before the Tribunal on its merits. While doing so, this Court would request the Tribunal to hear the matter on merits and dispose of the same at the earliest.
Sd/- JUDGE Sd/- JUDGE TL