IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.9989/2019(S-RES) BETWEEN SRI MALLIKARJUNAPPA V S/O LATE VEERANNA AGED ABOUT 52 YEARS WORKING AS GRAM PANCHAYAT SECRETARY (NOW UNDER ORDER OF SUSPENSION) GANTIGANAHALLI GRAM PANCHAYATH YELAHANKA BENGALURU – 560064.
PRESENTLY R/A # 25A SAKAMMA BADAVANE NANDINI LAYOUT BENGALURU – 560096.
(BY SRI PADMANABHA R, ADVOCATE) AND 1. THE CHIEF EXECUTIVE OFFICER BENGALURU URBAN ZILLA PANCHAYATH YELAHANAKA BENGALURU - 560064 2. THE DEPUTY SECRETARY & DISCIPLINARY AUTHORITY BENGALURU URBAN ZILLA PANCHAYATH YELAHANKA BENGALURU – 560064.
... PETITIONER 3. THE EXECUTIVE OFFICER BENGALURU NORTH TALUK PANCHAYATH YELAHANKA BENGALURU - 560064 ... RESPONDENTS (BY SMT M S PRATHIMA, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:06.02.2019 PASSED BY THE R-2 VIDE ANNEXURE-C AND CONSEQUENTLY ISSUE A DIRECTION TO THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER AS SECRETARY, GANTIGANAHALLI GRAMA PANCHAYAT, YELAHANKA, BENGLAURU AS BEFORE THE GRANT ALL CONSEQUENTIAL BENEFITS FOLLOWING THEREOF AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to take notice for respondent No.2.
2. The petitioner is working as Gramapanchayath Secretary at Gantiganahalli Gramapanchayath, Yalahanka, Bengaluru North Taluk, and now he is under suspension. The petitioner is a Government servant, therefore, the grievance of the petitioner is to be redressed before the Karnataka State Administrative Tribunal. In that view of the matter, granting liberty to the petitioner to approach the Tribunal, this writ petition is dismissed.
3. Learned Additional Government Advocate is permitted to file her Memo of Appearance within a period of two weeks from today.
SD/- JUDGE DL