IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.2084 OF 2019 (S-PRO) C/W WRIT PETITION NO.51571 OF 2018 (S-DE) IN W.P. NO.2084 OF 2019 BETWEEN:
SRI M N DEVARAJU, S/O LATE NEELANJE GOWDA, AGED ABOUT 54 YEARS, WORKING AS ASST. ENGINEER, OFFICE OF THE JOINT DIRECTOR, TOWN PLANNING, BBMP, BENGALURU. ...PETITIONER (BY SRI. SUBBA RAO K., SENIOR ADVOCATE FOR SRI. MURALIDHAR H.M., ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPT. OF PUBLIC WORKS AND WATER RESOURCES, M.S.BUILDING, VIKASA SOUDHA, BENGALURU - 560 001.
REP. BY ITS PRINCIPAL SECRETARY.
2. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT (BBMP) VIKASA SOUDHA, 4TH FLOOR, BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY.
3. BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 002, REP BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. RAMESH JOIS M.V., AGA FOR R1 & R2, SRI K.N.PUTTEGOWDA, ADVOCATE FOR R3) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE RESPONDENTS, PERUSE THE SAME, ALLOW THE WRIT PETITION, ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE FIRST RESPONDENT TO CONSIDER THE REPRESENTATIONS DATED: 01.08.2015 AND 18.09.2018 VIDE ANNEXURE ‘A’ AND ‘B’ AND ETC.
IN W.P. NO.51571 OF 2018:
BETWEEN:
SRI V. GOPALAKRISHNAPPA, S/O LATE VENKATASWAMY, AGED ABOUT 56 YEARS, WORKING AS ASSISTANT ENGINEER, H & FW ENGINEERING SUB DIVISION, BENGALURU - 560 001, RESIDING AT NO.426, 2ND ‘A’CROSS, III BLOCK, III STAGE, WEST OF CHORD ROAD, BASAVESHWARA NAGAR, BENGALURU-560 079. ...PETITIONER (BY SRI. K.SUBBA RAO, SENIOR ADVOCATE FOR SRI. MURALIDHAR H.M., ADVOCATE) AND:
1. KARNATAKA LOKAYUKTA, REP. BY ITS REGISTRAR, MULTISTOREYED BUILDING DR B.R. AMBEDKAR VEEEDHI BENGALURU-560 001 2. KARNATAKA UPALOKAYUKTA, REP. BY ITS REGISTRAR, MULTISTOREYED BUILDING, DR B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.
3. STATE OF KARNATAKA, DEPT.OF PUBLIC WORKS AND WATER RESOURCES, M S BUILDING, VIKASA SOUDHA, BENGALURU - 560 001, REP BY ITS PRINCIPAL SECRETARY.
4. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT (BBMP), VIKASA SOUDHA, 4TH FLOOR, BENGALURU - 560 001, REP.BY ITS PRINCIPAL SECRETARY.
5. BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU-560 002, REP. BY ITS COMMISSIONER. …RESPONDENTS PETITION IS DISMISSED AGAINST R1 AND R2, VIDE ORDER DATED 24.10.2019 (BY SRI. RAMESH JOIS M.V., AGA FOR R3 & R4, SRI K.N.PUTTEGOWDA, ADVOCATE FOR R5) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE RESPONDENTS 1 & 2, PERUSE THE SAME, ALLOW THE WRIT PETITION, QUASH THE ARTICLES OF CHARGE BEARING DATED 7.3.2012 VIDE ANNEXURE-A PENDING ON THE FILE OF THE RESPONDENTS 1 & 2, BY ISSUING A WRIT IN THE NATURE OF CERTIORARI AND ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATIONS DATED: 05.05.2018 AND 30.06.2018 OF THE PETITIONER VIDE ANNEXURE ‘B’ AND ‘C’.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners in these two petitions are admittedly working as Assistant Engineers with the PWD Department. Presently, they are on deputation to BBMP.
2. In W.P. No.2084/2019, the prayer is to direct first respondent to consider petitioner’s representations. In W.P. No.51571/2019, though three prayers have been made, learned Senior Advocate restricts his prayer to clause (b) wherein the prayer is for a direction to State Government to consider petitioner’s representations.
3. In view of the admitted position that the petitioners are working with PWD Department, they will have to seek redressal of their grievance before the Karnataka Administrative Tribunal. Reserving said liberty, petitions are disposed of.
No costs.
Sd/- JUDGE SPS