IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S DINESH KUMAR WRIT PETITION No.30020/2019 (S-DIS) BETWEEN:
SANJAYA KUMAR GHULE URAF SANJEEV KUMAR GHULE, AGED ABOUT 50 YEARS, S/O NAGANATH GHULE, OFFICE SUPERINTENDENT (DISMISSED) RURAL INDUSTRIAL TRAINING CENTER, AURAD(B) BIDAR DISTRICT – 585 326.
RESIDING AT No.14/138, BEHIND BCM BOYS HOSTEL, TEACHERS COLONY, AURAD(B), BIDAR DISTRICT – 585 326 ... PETITIONER (BY SRI SIDDAIAH L., ADVOCATE) AND:
1. COMMISSIONER, DEPARTMENT OF EMPLOYMENT AND TRAINING, KOUSHALYA BHAVAN, NEAR DIARY CIRCLE, BANNERGHATTA ROAD, BENGALURU-560 029.
2. DIRECTOR, DEPARTMENT OF EMPLOYMENT AND TRAINING, KOUSHALYA BHAVAN, NEAR DIARY CIRCLE, BANNERGHATTA ROAD, BENGALURU-560 029.
3. PRESIDENT / SECRETARY, RASHTRIYA RACHANATHMAKA KARYA SAMITHI, MADHAVA NAGARA, NAUBADH, BIDAR DISTRICT, BIDAR-585 402.
... RESPONDENTS (BY SRI M.V. RAMESH JOIS, ADDITIONAL GOVERNMENT ADVOCATE, FOR RESPONDENT NOs.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 30.05.2019 (ANNEXURE ‘A’) PASSED BY RESPONDENT No.3 INSOFAR AS IT RELATES TO THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner working as Office Superintendent in Rural Industrial Training Institute at Aurad (B), Bidar District, has challenged his termination order dated 30th May 2019 passed by respondent No.3.
2. Shri Siddaiah L., learned advocate for the petitioner, submitted that respondent No.3 - Samiti is run by private management, but aided by the Government. Petitioner has no other alternative and efficacious remedy and therefore, he has presented this writ petition.
3. Shri M.V. Ramesh Jois, learned Additional Government Advocate for respondent Nos.1 and 2, submitted that the writ petition is not maintainable against an order passed by a private management on two grounds. Firstly, the order is passed by management of a private Institute. Secondly, that the cause of action has arisen at Bidar, which falls within the jurisdiction of Kalaburagi bench.
4. In view of the above, this Petition is disposed of with liberty to the petitioner to seek appropriate remedy before the appropriate forum. It is made clear that this Court has not examined the merits of the case.
The petition is disposed of.
Sd/- JUDGE sma