IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.30334/2019 (GM-KLA) BETWEEN:
SRI.N B BANAKAR OCC: RTD. PRINCIPAL AGED ABOUT 63 YEARS, SRI.KUMARESHWARA ARTS & COMMERCE COLLEGE AT HANAGAL – 581 104 HAVERI DISTRICT (BY SRI JAGADEESH GOUD PATIL, ADV.) AND:
THE REGISTRAR HON’BLE LOKAYUKTHA GOVERNMENT OF KARNATAKA M.S. BUILDING BANGALORE – 560 001 (BY SRI.ASHWIN S HALADY, ADV.) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUNED ORDER DT: 13.02.2017 AT ANNEXURE-F AND ALSO THE ORDER DT.18.02.2019 AT ANNEXURE-L, BOTH ORDER PASSED BY THE RESPONDENT AND DROP THE PETITIONER FROM THE CASE IN ORDER AT ANNEXURE-F.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
O R D E R Shri Ashwin S. Halady, the learned counsel is directed to take notice for respondents.
2. Heard the learned counsel for the petitioner and gone through the order. Pendency of the proceedings against the petitioner is being challenged on the ground that the petitioner alone has been singled out.* His application filed seeking discharge from the enquiry, though considered, but is rejected by passing a single line order, which according to the learned counsel, is not a speaking order. Hence, he prays for interference.
3. We have heard the learned counsel for the petitioner and gone through the order. The application filed seeking discharge from proceedings has been rejected by passing a * Deleted vide Court order dated 16.9.2019 considerate order. Secondly, mere pendency of investigation or proceedings, is not a ground for interference.
4. Petitioner could take all such grounds, in case, if it is held against him. Subject to the said observation and also reserving liberty to the petitioner to approach this court, in case if he is convicted or in the event if decision goes against him, this petition stands dismissed.
Shri Ashwin S. Halady, the learned counsel is permitted to file his memo of appearance within a period of four weeks.
Sd/- JUDGE Sd/- JUDGE lnn