IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R DEVDAS W.A No.3484/2018 (S – PRO) Between:
S M Padmavathi Aged about 56 yers w/o Balakrishna Assistant Administrative Officer O/o The Director General & Inspector General of Police Karnataka State Bengaluru-560001. .. Appellant (By Sri K Ramesh Sastry, Advocate) And :
1. The State of Karnataka Represented by Chief Secretary Government of Karnataka Vidhana Soudha Bengaluru – 560 001.
2. The Director General & Inspector General of Police Nrupathunga Road Bengaluru-560 001.
3. The Director General of Police Training, Carlton House Palace Road Bengaluru-560001. ..Respondents (By Sri I Tharanath Poojary, AGA) This WA is filed under Section 4 of the Karnataka High Court Act, 1961, praying to allow this appeal and asset aside the order dated 10.12.2018 passed by the learned Single Judge in the WP No.50731/2018 and allow the WP No.50731/2018 as prayed for.
This WA coming on for preliminary this day, NARAYANA SWAMY J, passed the following:
JUDGMENT Petitioner/appellant sought promotion by preferring a writ petition, which came to be dismissed by referring the judgment of the Apex Court in the case of L Chandra Kumar –vs- Union of India reported in (1997) 3 SCC 261 and directing the petitioner to approach Karnataka Administrative Tribunal since he is a government employee. After having heard the learned counsel for the petitioner, the Tribunal declined to grant interim order. Hence, this writ petition.
2. Learned counsel for the State placed a reliance on the Government Order dated 16.5.2019 and submitted that the petitioner has been restored to the original post and hence, writ petition becomes infructuous.
3. Without expressing any opinion on the above, if the petitioner/appellant is aggrieved by the government order dated 16.5.2019, he may challenge the same in accordance with law.
With this observation, writ appeal stands disposed of.
SD/- JUDGE SD/- JUDGE Bkm.