IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.19441/2015 & WRIT PETITION NOS.24337-338/2015 (GM-RES) BETWEEN:
1. SHRI.N.S. NARASIMHA MURTHY, S/O LATE SHANKAR RAO, AGED ABOUT 69 YEARS, 2. SHRI.N. CHETHAN, S/O SHRI.N.S. NARASIMHA MURTHY, AGED ABOUT 36 YEARS, 3. SMT. ASHWINI CHETHAN, W/O SHRI N. CHETHAN, AGED ABOUT 33 YEARS, ALL ARE RESIDING AT:
NO.426, 13TH MAIN, POORNAPRAJNA LAYOUT, UTTARAHALLI, BANGALORE – 560 061. … PETITIONERS (BY SRI.KAUSHIK J KUMAR, ADVOCATE FOR SRI.PRAKASH T HEBBAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF MEDICAL EDUCATION, VIDHANA SOUDHA, DR.B.R. AMBEDKAR ROAD, BENGALURU – 560 001.
REPRESENTED BY ITS SECRETARY.
2. M/S BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, KRISHNA RAJENDRA MARKET, FORT ROAD, BENGALURU, KARNATAKA – 560 002.
REPRESENTED BY ITS DEAN & DIRECTOR.
3. DR. ANAND ALLADI, PEDIATRIC SURGEON, R/AT #7, GUPTA LAYOUT, 1ST CROSS, SOUTHEND ROAD, NEAR SURANA COLLEGE, BASAVANAGUDI, BENGALURU – 560 04. … RESPONDENTS (BY SRI.Y.D. HARSHA, AGA FOR R1; SMT.M.C. NAGASHREE, ADVOCATE FOR R2;
SRI.V. RENJITH SHANKAR, ADVOCATE FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO ACT ON THE REPORT DATED 1.6.2011 AT ANNEX-E AND TO TAKE PROMPT ACTION AGAINST R-3 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Kaushik J Kumar, for Sri.Prakash T Hebbar, learned counsel for the petitioner.
Sri.Y.D. Harsha, Additional Government Advocate for Respondent No.1.
Sri.M.C. Nagashree, learned counsel for Respondent No.2.
Sri.V. Renjith Shankar, learned counsel for Respondent No.3.
2. The matter is admitted for hearing. With the consent of learned counsel for parties, the same is heard finally. Records perused.
3. In these petitions, the petitioners inter alia seeks writ of mandamus, directing the respondent No.1 to take suitable action on the report dated 1.6.2011 contained in Annexure – E and to take action against 3rd respondent.
4. When the matter was taken up today, the learned counsel for the petitioners submitted that the petitioners be granted liberty to submit the representation with regard to grievance to the 2nd respondent and the 1st respondent be directed to take appropriate action on the representation which otherwise is submitted by the petitioners in the light of the enquiry report dated 1.6.2011 expeditiously.
5. On hearing, the learned counsel for the respondent No.3 submits that the action on the enquiry report has already been taken.
6. In view of the submissions made and in the facts and circumstances of the case, I deem it appropriate to dispose off the writ petitions with liberty to the petitioners to submit their representation with regard to the grievance. The 1st respondent shall afford an opportunity to the petitioners and Respondent No.3 and thereafter, pass appropriate order in accordance with law in the light of the enquiry report dated 1.6.2011, within a period of three months from the date of receipt of the representation.
7. It is made clear that this court shall not express any opinion with regard to merits of the matter.
Accordingly, these Writ Petitions are disposed of.
cbc Sd/- JUDGE