IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.3395/2018 (S-KSAT) BETWEEN:
SRI.M.C.MUTHANNA S/O LATE CHIYANNA AGED ABOUT 52 YEARS, ASSISTANT SUB-INSPECTOR, SRIMANGALA POLICE STATION, NOW UNDER ORDERS OF REVERSION TO THE CADRE OF HEAD CONSTABLE R/O HARISHANDRAPURA GONIKAPPA TOWN, VIRAJPET TALUK KODAGU DISTRICT – 571 201 (BY SRI. RAGHAVENDRA G GAYATRI, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001 ...PETITIONER 2. THE SUPERINTENDENT OF POLICE KODAGU DISTRICT, MADIKERI-571 201 3. THE SUPERINTENDENT OF POLICE STATE INTELLIGENCE, MYSURU DIVISION, MYSURU-570 001 4. POLICE INSPECTOR STATE INTELLIGENCE, KODAGU DISTRICT MADIKERI -571201 (BY SMT ANITHA, N. HCGP FOR R1-R4) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 12.12.2017 IN APPLICATION NO.2513/2017, PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL VIDE ANNX-A AND ALLOW THE SAID APPLICATION AS PRAYED FOR.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
O R D E R The promotion of the petitioner to the higher cadre was denied on the ground that. Criminal petition was instituted against the petitioner.
2. The learned counsel for the appellant submit that criminal case was challenged before this Court under Section 482 of the Code of Criminal Procedure which resulted in quashing of the initiation of the proceedings against the petitioner. In view of the same, the learned counsel seeks direction to the respondent for reconsideration.
3. The learned Government Advocate seeks time to check with the Department as to whether the Criminal petition has been allowed.
4. Heard the learned counsel for the parties. The submission of the appellant is taken on record. It is his submission that he has succeeded in appeal before this Court in Criminal Appeal No.7400 of 2016 disposed of on 13TH April 2018. If the promotion of the petitioner is denied only on the ground of initiation of criminal proceedings and the same has resulted in allowing the criminal petition setting aside the initiation of criminal proceedings, it is for the respondent to reconsider the case of the petitioner. The same shall be done within a period of four weeks from today. It is also made clear that the reconsideration includes even the payment of consequential benefits, arrears, etc.
Appeal is accordingly allowed.
Sd/- JUDGE Sd/- JUDGE lnn