IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.24973 OF 2019 (S-RES) BETWEEN:
H.M. Shivaprakash S/o H.M. Revanna, Aged about 45 years, Occ: P.E. Teacher, W/at: Lakshamamma Higher Primary School, Vidyanagar, Jagalur Town, Davanagere District.
(By Sri. G.M. Chandrashekar, Advocate) AND:
…Petitioner 1. The State of Karnataka Department of Higher & Primary Education, Multistoried Building, Dr. Ambedkar Veedhi, Bengaluru – 560 001.
Rep. by its Principal Secretary.
2. The Commissioner of Public Instructions Nrupathunga Road, Bengaluru – 560 001.
3. The Deputy Director of Public Instructions Davanagere District, Davanagere – 577 004.
4. The Block Education Officer Jagaluru Taluk, Davanagere District – 577 004.
5. The Secretary Sri. Uthsavamba Educational Association, M.K. Hatti Post, Chitradurga – 577 502.
6. Head Master Smt. Lakshmamma Kannada Higher Primary School, Vidyanagar, Jagalur Town, Davanagere District – 577 004.
…Respondents (By Smt. M.S. Prathima. AGA for R1 to R4; V/o dated 22.07.2019 R5 deleted) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned orders dated 05.04.2019 and dated 24.05.2019 passed by the R-1 & 6, produced at Annexure-Q and R respectively.
This writ petition coming on for Preliminary Hearing this day, the court made the following:
ORDER In the instant petition, petitioner has prayed for the following reliefs:
a) Issue a writ of certiorari quashing the impugned orders dated 05.04.2019 bearing No.ED 02 DGO 2016 and dated 24.05.2019 bearing No.-Nil- passed by the respondent Nos.1 & 6, produced at Annexures-Q and R respectively;
b) Issue any other writ, order or directions as this Hon’ble Court deems fit in the circumstance of the case and for cost, in the interest of justice and equity.
2. Petitioner is working as a Physical Education Teacher in Smt. Lakshamamma Higher Primary School, Jagalur Town, Davanagere District. Prima-facie inadvertently, State Government has extended certain benefits relating to grant-in-aid to the petitioner in collusion with the Block Education Officer of the concerned Taluk. State Government had noticed that petitioner prima-facie is not entitled to certain grant-in- aid benefits during the relevant period. Consequently, State Government communicated its decision to the Management and Management proceeded to inform the petitioner. Thus, petitioner is before this Court in respect of disputed a sum of Rs.6,00,996/-.
3. On perusal of records, it is evident that petitioner has preferred an appeal and is pending consideration before the Commissioner. In this background, what is required to be examined is recovery of sum of Rs.6,00,996/- stated to have been extended to the petitioner as a grant-in-aid is correct or not. Rightly or wrongly, it has been extended to the petitioner. Before withdrawing said amount from the petitioner, he has not been heard by holding a domestic enquiry. If recovery is effected, it has got a civil consequence that the petitioner’s salary would be reduced. Therefore, concerned respondent is hereby directed to initiate appropriate enquiry independently against the petitioner, Block Education Officer and other officers who are all involved. This exercise shall be completed by the concerned competent Authority within a period of six months from today.
4. In view of the facts and circumstances, Annexures-Q and R are set-aside. The concerned respondents are hereby directed to extend the petitioner’s salary, if he is due in accordance with the grant-in-aid to the petitioner’s post and management.
Accordingly, writ petition is allowed.
Sd/- JUDGE MBM