IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2017 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.4206 OF 2012 (S-DIS) BETWEEN SRI RANGASWAMY S/O LATE ARASAPPA AGED ABOUT 42 YEARS R/AT BINDIGANAVILE VILLAGE AND POST NAGAMANGALA TALUK MANDYA DISTRICT-571802 (BY SRI M K BHASKARAIAH, ADVOCATE) ... APPELLANT AND 1. THE BINDIGANAVILE VILLAGE GRAMA PANCHAYATH BINDIGANAVILE VILLAGE AND POST NAGAMANGALA TALUK MANDYA DISTRICT – 571 802 BY ITS SECRETARY 2. THE CHIEF EXECUTIVE OFFICER MANDYA ZILLA PANCHAYATH MANDYA TOWN & DISTRICT – 571 401 ... RESPONDENTS (BY SRI B J SOMAYAJI, ADVOCATE FOR R-1 & 2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.9626/2004 DATED 11.08.2011.
THIS WRIT APPEAL COMING ON FOR HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT This is an appeal against the judgment and order dated August 11, 2011, passed by the Hon’ble Single Judge, declining to recall an order dated March 11, 2011, by which the writ petition was dismissed for default.
2. Since the writ petition was of the year 2004, the Hon’ble Single Judge considered the matter on merits.
3. In the writ petition, an order of dismissal from service of the year 1999 was impugned. Certain serious allegations of mala fides were made against the members of the panchayath. The Hon’ble Single Judge found that those allegations could not be established at all and it, also, could not be established by the writ petitioner that the appellate authority had any bias against him.
4. When there is a finding of fact by the disciplinary authority, the appellate authority and the Hon’ble Single Judge that the writ petitioner was a chronic absentee and was rightly removed from the service, we do not find any merit in the writ appeal requiring interference.
5. Therefore, the writ appeal is dismissed.
6. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/- JUDGE bkv