IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION No.33335 OF 2019 (S - KSAT) BETWEEN:
SRI.M.RAMAMURTHY S/O LATE MUDDARANGAIAH, AGED ABOUT 42 YEARS, WORKING AS SURVEYOR BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK, BENGALURU - 560 020. ... PETITIONER (BY SRI.VIGHNESHWAR S.SHASTRI, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, BANGALORE - 560 001.
2. THE COMMISSIONER FOR SURVEY SETTLEMENT AND LAND RECORD K.R. CIRCLE, BENGALURU - 560 001.
3. THE ENQUIRY OFFICER AND DISTRICT TECHNICAL ASSISTANT AND EX. OFFICIO DEPUTY DIRECTOR OF LAND RECORDS D.C. OFFICE COMPOUND RAMANAGARA DISTRICT RAMANAGARA - 562 159. ... RESPONDENTS (BY SMT.M.S.PRATHIMA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD:16.7.2019 PASSED IN APPLICATION NO.334/2019 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE AS PER ANNEXURE-C. QUASH THE ORDER DTD:6.7.2018 PASSED BY THE R-2 WHICH HAS BEEN PRODUCED AS ANNEXURE-A5 TO THE APPLICATION. DIRECT THE RESPONDENTS TO GRANT THE PETITIONER ALL THE CONSEQUENTIAL BENEFITS CONSEQUENT UPON QUASHING OF THE IMPUGNED ORDERS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
O R D E R Issuance of Articles of charge was the subject matter before the Karnataka State Administrative Tribunal. The learned counsel appearing for the petitioner submits that at the time of incident, as alleged to have been taken place, the petitioner was not at all there. Hence, he submits that the issuance of charge- sheet is nothing but a sheer non-application of mind. The very submission is considered by the Tribunal and the same has been rejected on the ground that it is premature and that during the proceedings of enquiry the same cannot be challenged. If at all the petitioner is entitled, he could urge all the grounds at the appropriate stage.
2. Heard the learned Additional Government Advocate.
3. We have gone through the observations made by the Tribunal. In view of the fact that issuance of articles of charge is not a ground and if at all the petitioner is innocent, he could participate in the proceedings. In that view of the matter, the petition stands disposed of. If any additional objections are filed to the charge-sheet, it is for the Authority to consider the same and pass appropriate order.
The learned Additional Government Advocate to file memo of appearance within a period of six weeks from today.
Sd/- JUDGE Sd/- JUDGE lnn