IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.21894 OF 2016 (GM-KLA) BETWEEN:
SRI. K. JAVARAYI S/O LATE MARIKENCHASHETTY AGED ABOUT 53 YEARS SUPERINTENDENT KARNATAKA SLUM DEVELOPMENT BOARD NO.1, DIVISION, MYSORE R/AT #59, NEAR GANGADHARESHWARA BYRAVESHWARA NAGARA CIRCLE HEBBAL 1ST STAGE MYSORE-570 001.
(By Mr. KARTHIKEYAN B.S. IYER, ADV., FOR Mr. HIRIYANNA K, ADV.,) … PETITIONER AND:
1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT DEPARTMENT, VIKASA SOUDHA BENGALURU-560 001.
2. KARNATAKA SLUM DEVELOPMENT BOARD ABAYA COMPLEX, NO.55 RISHALDHAR ROAD SHESHADRIPURAM BENGALURU-560 020 REP. BY ITS COMMISSIONER.
3. THE KARNATAKA LOKAYUKTA M.S. BUILDING BENGALURU-560 001 REPRESENTED BY ITS REGISTRAR. … RESPONDENTS (By Ms. H.C. KAVITA, LEARNED HCGP FOR R1 Mr. D. VENUGOPAL, ADV., FOR R2 (ABSENT) Mr. MALLIKARJUN C. BASAREDDY, ADV., FOR R3 (ABSENT) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 18-1-2013 vide Annx-A issued by the R-2 and Articles of charge dated 10-5-2013 vide Annx-B issued by the R-3 and all further proceedings taken in pursuance of the said orders & etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Kartghikeyan B.S.Iyer, learned counsel for Sri.Hiriyanna K., learned counsel for the petitioner.
Smt.H.C.Kavita, learned High Court Government Pleader for respondent No.1.
2. In this petition, the petitioner has prayed for the following reliefs:
“(a) Issue a writ of certiorari, quashing the order bearing No.KAKoAama/Aadalitha/ Lokayukta/Mysore/2012-13/1653 dated 18.01.2013 (Annexure-A) issued by the 2nd respondent and Articles of Charge bearing No.Lok/ARE-4/14-A/ENQ-180/2013 dated 10.05.2013 (Annexure-B) issued by the 3rd respondent and all further proceedings taken in pursuance of the said orders and (b) Pass any other order that this Hon’ble Court deems fit, in the circumstances of the case including an award of cost, in the interest of justice and equity.”
3. Initially, a Bench of this Court had granted an interim order but subsequently it was vacated. By now, the enquiry which was instituted in pursuance of the charge sheet dated 10.05.2013 against the petitioner must have been concluded. Therefore, I deem it appropriate to dispose of the writ petition with the liberty to the petitioner to seek revival of this writ petition in case the proceeding of the departmental enquiry against the petitioner is still pending.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE RV