IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27504 OF 2019 (S-PRO) BETWEEN:
SMT. S.R.JAYANTHI W/O N.PRABHAKAR AGED ABOUT 53 YEARS R/AT NO.24/1, KHB BUILDING 7TH CROSS, BAPUJINAGARA MYSURU ROAD BENGALURU-560 026 PRESENTLY WORKING AS FDA COURT OF PRINCIPAL CIVIL JUDGE JMFC, NELAMANGALA BENGALURU RURAL DISTRICT PIN-562 123. … PETITIONER (BY SRI SHASHIKUMAR N, ADVOCATE FOR SRI SHARATH S.GOWDA, ADVOCATE) AND:
THE STATE OF KARNATAKA REPRESENTED BY THE PRESENTING OFFICER COURT OF PRINCIPAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT CITY CIVIL COURT COMPLEX, K.G. ROAD BENGALURU-560 009. … RESPONDENT (BY SRI VIJAY KUMAR A.PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.04.2019 PASSED BY THE DISCIPLINARY AUTHORITY/PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN DEPARTMENTAL ENQUIRY NO.23/2015 VIDE ANNEXURE-A THEREBY IMPOSING PUNISHMENT OF WITHHOLDING PROMOTION OF THE PETITIONER FOR A PERIOD OF ONE YEAR FROM THE DATE OF ORDER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Shashikumar N., learned Counsel for Sri Sharath S. Gowda, learned counsel for the petitioner.
Sri Vijay Kumar A.Patil, learned Additional Government Advocate for the respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner has assailed the validity of the order dated 29.04.2019 by which the disciplinary authority has imposed the punishment of withholding of promotion for a period of one year.
3. Admittedly, against the aforesaid order, an appeal lies under Section 80 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.
4. In view of the aforesaid, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with a liberty to file an appeal under Section 80 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.
5. With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE cp*