IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 15713 OF 2019 (S-RES) BETWEEN:
SRI. G. S. SIDDALINGAPPA S/O LATE S.SIDAPPA, AGED ABOUT 56 YEARS, OCCUPATION: IN-CHARGE ASSISTANT REVENUE OFFICER (ESTATE MAHADEVAPURA ZONE) MAHADEVAPURA, BBMP, R/O #227, OPP TO MARAMMA TEMPLE, GUNJUR POST VIA VIRTHUR BANGALORE EAST TALUK, BENGALURU - 560 087.
… PETITIONER (BY SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR SRI. MOHAMMED TAHIR, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT AUTHORITY, VIKHAS SOUDHA, BENGALURU -560 001 REPRESENTED BY ITS PRINCIPLE SECRETARY.
2. THE COMMISSIONER BBMP, HUDSON CIRCLE, BBMP CENTRAL OFFICE BENGALURU - 560 009.
3. ADDITIONAL COMMISSIONER (ADMIN) BBMP, HUDSON CIRCLE, BBMP CENTRAL OFFICE BENGALURU - 560 009.
4. DEPUTY COMMISSIONER (ADMIN) BBMP, HUDSON CIRCLE, BBMP CENTRAL OFFICE BENGALURU - 560 009.
… RESPONDENTS (BY SMT. SAVITHA T H, HCGP FOR R1;
SRI. H DEVENDRAPPA, ADVOCATE FOR R2 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REINSTATE THE PETITIONER AS ASSISTANT REVENUE OFFICER UNDER RULE 32 OF THE KCS RULES, IMMEDIATELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The learned counsel for the parties having argued the matter for sometime, now are graciously in agreement with the suggestion of this Court that regardless of the pleadings and prayers, the candidature of the petitioner shall be considered for promotion to the next higher post, if he is otherwise eligible in accordance with the norms governing the process, in view of the fact that in the subject enquiry he has emerged unblemished and whatever cloud that was shadowing has withered away.
This exercise would be accomplished within a period of three months.
Accordingly the petition is disposed off keeping open all contentions.
No costs.
Snb/ Sd/- JUDGE