IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NOS.13747-13748/2019 (S-KSAT) BETWEEN:
1. DR. RAMYA N. L.
W/O P C KRISHNA REDDY AGED ABOUT 35 YEARS WORKING AS ADMINISTRATIVE MEDICAL OFFICER AT PRIMARY HEALTH CENTRE KADUSONNAPPANAHALLI BANGALORE EAST TALUK BANGALORE URBAN DISTRICT-562 149 (NOW UNDER TRANSFER) RESIDING AT SENIOR OFFICER ENCLAVE FC-143 OLD MADRAS ROAD BANGALORE-560 093 2. SMT ARCHANA W/O SATISH MAHENDRAKAR AGED ABOUT 25 YEARS WORKING AS JUNIOR HEALTH ASSISTANT-FEMALE AT PRIMARY HEALTH CENTRE KADUSONNAPPANAHALLI BANGALORE EAST TALUK BANGALORE URBAN DISTRICT-562 149 (NOW UNDER SUSPENSION) PRESENTLY RESIDING AT HOUSE NO.63/1 8TH CROSS, 2ND MAIN ROAD BYRAVESHWARA LAYOUT HENNUR BANDE KALYANA NAGARA POST BANGALORE-560 043 (BY SRI HARISH N R., ADV. FOR SRI SIDDAPPA B M, ADV.) AND 1. THE COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES ANANDA RAO CIRCLE BANGALORE-560 009 2. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER OLD MADRAS ROAD INDIRANAGAR BANGALORE URBAN DISTRICT BANGALORE-560 009 (BY SRI.I. TARANATH POOJARY, AGA) ... PETITIONERS ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ISSUED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL IN APPLICATIONS NO.1541- 1542/2019 DATED 20.03.2019 IN SO FAR AS IT RELATES TO REFUSING TO GRANT AN INTERIM ORDER SOUGHT IN THE APPLICATIONS, PRODUCED AS ANNEXURE-T TO THE WRIT PETITION AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, NARENDRA PRASAD J., MADE THE FOLLOWING:
ORDER In these writ petitions, the petitioners are challenging the correctness of the order dated 20.3.2019 passed in Application Nos.1541 & 1542 of 2019 by the Karnataka Administrative Tribunal (hereinafter referred to as the “Act” for the sake of brevity) in so far as it relates to refusing to grant interim order.
2. Petitioner No.1 is working as an Administrative Medical Officer and petitioner No.2 is working as Junior Health Assistant-Female at Primary Health Centre, Kadusonnappanahalli, Bangalore East Taluk, Bangalore.
According to the petitioners, since one of the member of the Grama Panchayat misbehaved with the petitioners, they lodged a complaint against him. This was brought to the notice of the respondents, but the respondents have not taken any action in this regard. Instead, respondent No.1 by order dated 11.3.2019 has kept the petitioners under suspension. Being aggrieved by the said order, the petitioners approached the Tribunal by filing Application Nos.1541 & 1542 of 2019. The Tribunal by an order dated 20.3.2019 has issued notice to the respondents and has refused to grant interim relief without reply from the respondents and granted four weeks time to file reply statement and listed the matters on 16.4.2019. Being aggrieved, the petitioners are before this Court.
3. We have heard the learned counsel for the petitioners and learned Additional Government Advocate for the respondents and perused the material on record.
4. On perusal of the order dated 20.3.2019 passed by the Tribunal, it is clear that the Tribunal has not rejected the interim relief sought by the petitioners and it has only refused to grant interim relief without considering the reply statement from the respondents.
5. We do not find any error or infirmity in the order passed by the Tribunal. Accordingly, the writ petitions are dismissed. Liberty is reserved to the petitioners to seek interim relief in accordance with law before the Tribunal.
6. It is needless to observe that if such a plea is made by the petitioners, the Tribunal shall consider the same expeditiously and in accordance with law.
Sd/- JUDGE Sd/- JUDGE DM/-