IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI WRIT PETITION NO. 12683/2019 (S-RES) BETWEEN:
SRI. HEMANTH KUMAR H.K. S/O. KARYAPPA AGED ABOUT 35 YEARS, CLERK CUM COMPUTER OPERATOR, HAGALAVADI P, MATHIKERE ROAD, GUBBI TALUK, TUMAKURU DIST-572222 ... PETITIONER (BY SRI GOPALA KRISHNAMURTHY C, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S.BUILDING, AMBEDKAR VEEDI, BENGALURU – 560 001 2. THE CHIEF EXECUTIVE OFFICER TUMAKURU ZILLA PANCHAYATH TUMAKURU DISTRICT – 572 102 3. THE EXECUTIVE OFFICER GUBBI TALUK PANCHAYATH, GUBBU TALUK, TUMAKURU DISTRICT – 572 216 4. THE PANCHAYATH DEVELOPMENT OFFICER SHIVAPURA GRAMA PANCHAYATH, SHIVAPURA, GUBBI TALUK, TUMAKURU DISTRICT – 572 222 ... RESPONDENTS (BY SRI M.S.PRATHIMA, AGA FOR R-1; SRI.A.NAGARAJAPPA, ADVOCATE FOR R-2 TO R-4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER/RESOLUTION PASSED BY THE R-4 PANCHAYATH IN THE PROCEEDINGS HELD ON 25.09.2018 IN GENERAL MEETING VIDE ANNEXURE-D.
THIS WP COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In the instant petition petitioner has assailed the resolution passed by the fourth respondent/Panchayath dated 25.09.2018 by which petitioner has placed under suspension. Petitioner has a statutory remedy of appeal before the Appellate Authority – Chief Executive Officer, Zilla Panchayath, Tumkur. In this regard, petitioner is stated to have filed the representation/appeal. Till date no orders have been passed by the second respondent.
2. Under these circumstances, petition is premature since petitioner has a remedy of appeal, which is stated to have availed. Accordingly, petition stands disposed of directing the Chief Executive Officer, Zilla Panchayath, Tumkur, to consider the representation/appeal of the petitioner within four (4) weeks from the date of receipt of copy of this order and communicate the decision to the petitioner.
With the above observation, petition stands disposed of.
Sd/- JUDGE DR