IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY 2019 PRESENT:
THE HON’BLE Mr. JUSTICE L.NARAYANA SWAMY AND THE HON'BLE Mr. JUSTICE R.DEVDAS Writ Petition No.26170 of 2019 (S-KSAT) BETWEEN:
SRI D. J. GANESH SON OF LATE SRI JYOAPPA AGED ABOUT 57 YEARS SECOND DIVISION ASSISTANT OFFICE OF THE THASILDAR HUNSUR, MYSURU DISTRICT - 571125 RESIDING AT NO.1, PUSHAPA GIRI NILAYA, GOVERNMENT EMPLOYEES EXTENSION PERIYAPATANA, MYSURU DISTRICT – 571 107. ...PETITIONER (BY SRI S.M.BABU, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT (SERVICES – 1) VIKASA SOUDHA BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU – 570 001 3. THE THASILDAR T. NARASIPURA TALUK MYSURU DISTRICT – 571 124. ...RESPONDENTS (BY Miss N.ANITHA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU DATED 03.06.2019 IN APPLICATION NO. 3100/2019 AND AS PER ANNEXURE-A AND ALLOW THE W.P. FILED BY THE PETITIONER, BY GRANTING THE INTERIM PRAYER AS SOUGHT FOR IN THE APPLICATION BEFORE THE TRIBUNAL.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, NARAYANA SWAMY, J., MADE THE FOLLOWING:
O R D E R The petitioner, being aggrieved by the order of the Karnataka State Administrative Tribunal, Bengaluru dated 03.06.2019 in Application No.3100 of 2012 as per Annexure – ‘A’, by which order, the interim prayer of stay as sought for in the application has been rejected, has filed the present writ petition.
2. The petitioner who was working as Second Division Assistant, on which date, on a complaint made by complainant, trap was conducted in which the money was paid to DGO-2 and the same was recovered from the said DGO-2, by the police. The 1st respondent, after more than three year charge memo, called upon the petitioner to reply to the charge within 15 days of receipt of the same. The petitioner relied to the said charge memo. The criminal case filed before the Sessions Court against the petitioner, ended holding him not guilty. After conducting the enquiry and after submitting the enquiry report to the first respondent along with report of the Lokayukta, the petitioner was issued with a second show cause notice calling upon him to reply to the same as to why the report and the recommendations should not be accepted. The petitioner replied to the said notice, stating that the said findings in the enquiry report and the report of Lokayukta is totally illegal and perverse. The first respondent issued the order of punishment, retiring the petitioner compulsorily. The petitioner, challenged the order of punishment, before the Karnataka State Administrative Tribunal, Bengaluru in Application No.3100 of 2019, and had also sought for interim order of stay of the impugned order of punishment. The Karnataka Administrative Tribunal, by its order dated 03.06.2019 was pleased to issue notice and rejected the interim prayer sought for by the petitioner, staying the order of punishment. The petitioner, being aggrieved by the said order has filed the present writ petition.
3. Learned counsel petitioner submits that the Tribunal without assigning any valid reasons has rejected the interim prayer sought for by the petitioner except stating that the cases of the petitioner and the DGO-2 are different. The impugned order is totally perverse and illegal, which requires to be interfered with by this Court and sought to allow the writ petition.
4. The learned High Court Government Pleader sought to justify the impugned order passed by the Tribunal.
5. We have heard the learned counsel for the petitioner and the learned High Court Government Pleader and perused the writ papers.
6. In the facts and circumstances of the case, it is not appropriate for this Court to interfere with the matter. Hence, we dispose of this matter with a direction to the Karnataka Administrative Tribunal to dispose of the matter at the earliest since the petitioner has already been compulsorily retired from service by way of punishment.
Sd/- JUDGE Sd/- JUDGE DH