IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.22560 OF 2019 ( S-RES) Between:
Maheshwarappa T.C. S/o Chinnarangappa, Aged about 35 years, R/o Thalakatta Post, Holalkere Taluk, Chitradurga District – 577 548. …Petitioner (By Sri. Ravi H.K., Advocate) And:
1. The State of Karnataka, Secretary, Directorate of Municipal Administration, Ambedkar Road, 9th and 10th Floor, Vishveshwaraiah Tower, Sampangi Rama Nagar, Bengaluru, Karnataka – 560 001.
2. Karnataka Public Service Commission Udyoga Soudha, Bengaluru – 560 001.
Rep. by its Secretary. …Respondents (By Smt. M.S.Prathima, AGA for R-1) This Writ Petition is filed under Articles 226 and 227 of Constitution of India, praying to direct the R-2 to include the petitioner in the eligibility list of candidates and grant an opportunity to the petitioner to participate in the document verification process of the R-2 for the purposes of document verification in so far as the post of Chief Officer Grade-II is concerned by issuing a writ of mandamus and etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER This petition is relating to selection and appointment of Chief Officer Grade-II under the Directorate of Municipal Administration.
2. The post of Chief Officer Grade-II is a civil post as evident from the Rules of recruitment governing the post has been issued under Article 309 of the Constitution read with the Karnataka State Civil Services Act, 1978.
3. Having regard to the status of the post, petitioner’s grievance in respect of Chief Officer Grade-II including selection, he has a remedy before the State Administrative Tribunal, in view of the decision of the Hon’ble Supreme Court in the case of L.Chandra Kumar Vs. Union of India reported in (1997) 3 SCC 261 read with Shiva Prasad Biradar Vs. Karnataka Lokayuktha and others in Writ Appeal No.200715/2018 disposed off on 11.03.2019.
Accordingly, writ petition stands disposed of reserving liberty to the petitioner to approach the appropriate forum.
Sd/- JUDGE MBM