IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24311 OF 2016 (GM-RES) BETWEEN:
JAYARAMAIAH PUBLIC INFORMATION OFFICER AND PRINCIPAL SUKRUTHA AUTONOMOUS PRE-UNIVERSITY COLLEGE RAMAKRISHNA NAGAR 3RD STAGE, DATAGALLI MYSORE-570 022.
(By Mr. ASHWATH C.M. ADV.) AND:
1. KARNATAKA INFORMATION COMMISSION BANGALORE, GATE NO.2, 3RD FLOOR M.S. BUILDING, DR. AMBEDKAR ROAD BANGALORE-560 001 REP. BY ITS SECRETARY.
2. M. DARANESH S/O. LATE MARIYAPPA AGED ABOUT 40 YEARS #1073, S.J.H. ROAD VIDYARANYAPURAM MYSORE-570 004.
… PETITIONER (By Mr. RAJASHEKAR K, ADV., FOR R1) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER OF THE R-1 VIDE ORDER DTD:1.2.2016 (ANNEXURE- A). GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE ORDER ISSUED BY THE R-2 VIDE ORDER DTD:25.06.2015 (ANNEXURE-A) UNTILL THE DISPOSAL OF THE ABOVE PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Aswath C.M., learned counsel for the petitioner. Mr.Rajashekar K., learned counsel for respondent No.1.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition the petitioner has assailed the validity of the order dated 01.02.2016, by which a sum of Rs.5,000/- was directed to be recovered from the salary of the petitioner. When the matter was taken up today, learned counsel for the petitioner informed that the petitioner has expired. When a query was put to the learned counsel for the respondent as to whether the lis involved in the petition would survive, learned counsel for the respondent was unable to point out from any statutory provision that the amount, which was sought to be recovered from the petitioner can be recovered from his Legal representatives.
4. In view of the fact that the petitioner has expired during the pendency of the petition and the amount of fine, which was imposed on the petitioner while discharging his duties as Public officer cannot be recovered from his Legal representative, nothing survives for adjudication in this petition.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS