IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL No.3067/2018 (S-RES) BETWEEN:
SMITA ARORA D/O DR. RAJ KUMAR ARORA AGED 39 YRS R/AT FF21 HBR, 3RD CROSS ROAD 3RD BLOCK, HBR LAYOUT BENGALURU, KARNATAKA – 560 043 ... APPELLANT (BY SHRI. K.S. CHANDRAKANTH GOWDA, ADVOCATE; SMT. SMITHA ARORA, PARTY-IN-PERSON) AND:
1. CHIEF EXECUTIVE OFFICER AGED ABOUT 45 YEARS ALCATEL-LUCENT (NOW NOKIA) NOKIA CORPORATION PVT LTD MANYATA TECH PARK HEBBAL BENGALURU – 560 045 2. CHIEF PEOPLE OFFICER AGED ABOUT 45 YEARS ALCATEL-LUCENT (NOW NOKIA) NOKIA CORPORATION PVT LTD MANYATA TECH PARK HEBBAL BENGALURU – 560 045 3. ICC COMMITTEE REPRESENTED BY MRS SONIA MATHEWS (PRESIDING OFFICER, ICC) AGED ABOUT 45 YEARS ALCATEL-LUCENT (NOW NOKIA) NOKIA CORPORATION PVT LTD MANYATA TECH PARK HEBBAL BENGALURU – 560 045 ... RESPONDENTS (BY SMT. PALLAN SMRITI, ADVOCATE FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 30.07.2018 PASSED BY THIS COURT IN WP 12687/2017 [S-RES], SUCH THAT RELIEF CAN BE ISSUED BY CURRENT WRIT APPEAL.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:-
O R D E R Heard.
2. The appellant has called in question order dated 30.07.2018 passed by the Hon’ble Single Judge in W.P.No.12687/2017, wherein the appellant had prayed for a writ of certiorari to quash Internal Complaints Committee’s report and to cancel the order of termination passed on the said report dated 08.09.2015.
3. In an earlier round of litigation in W.P.No.23713/2016, appellant had unsuccessfully challenged the very same ICC report and sought for cancellation of termination letter dated 08.09.2015(Annexure-F) therein and to grant reinstatement. The decision in W.P.No.23713/2016 was challenged before the Supreme Curt of India in a Petition for Special Leave to Appeal (Civil) Diary No.21156/2017 and the said appeal has been dismissed by the following order on 22.09.2017:
“Upon hearing the counsel the Court made the following ORDER Heard petitioner who appeared in person.
Delay condoned.
We do not find any ground to interfere with the impugned order.
The special leave petition is, accordingly, dismissed.
Pending application(s), if any, shall also stand disposed of.”
4. Since the relief sought for in W.P.No.23713/2016 as also in W.P.No.12687/2017 from which the instant appeals stem out, being same and the Supreme Court of India having dismissed appeal filed against order in W.P.No.23713/2016, this appeal is not maintainable and it is accordingly dismissed.
5. In view of dismissal of the appeal, the pending interlocutory applications do not survive for consideration and they are also dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE Yn.