IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.45513 OF 2018 (S-RES) BETWEEN SRI S KUMAR, S/O. SHAMBAPPA, AGED ABOUT 56 YEARS, ASSISTANT DIRECTOR, KARNATAKA STATE SEED CERTIFICATION AGENCY, (K.A.I.C PREMISES), OPP. BAPTIST HOSPTIAL, BELLARY ROAD, HEBBAL, BENGLAURU – 560 024. ... PETITIONER (BY SRI PAVAN KUMAR N ADVOCATE FOR SMT. MANJULA D, ADVOCATE) AND 1. KARNATAKA STATE SEED CERTIFICATION AGENCY BY ITS DIRECTOR, OPP. BAPTIST HOSPITAL, BELLARY ROAD, HEBBAL, BENGALURU – 560 024.
2. SRI. C GURUMURTHY, MAJOR, SEED CERTIFICATION INSPECTOR, C/O. K S S C LTD., SEEDS TESTING LAB, HEBBAL, BENGALURU – 560 024. ... RESPONDENTS (BY SRI K H SOMASEKHARA, ADVOCATE FOR R1, SRI H.JAYAKARASHETTY, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 6.2.2018 ISSUED BY R-1 A COPY OF WHICH IS PRODUCED AT ANNEXURE-Q AND DIRECT THE R-1 TO PLACE THE PETITIONER'S NAME IN THE R-2 SENIORITY LIST ALONG WITH THE LETTER DATED 30.11.2017 (ANNEXURE-P) BY CONSIDERING THE DETAILED REPRESENTATIONS DATED 9.1.2018 AND 25.7.2018 COPIES OF WHICH ARE PRODUCED AT ANNEXURES-R & S RESPECTIVELY.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has sought for quashing the order dated 06.02.2018 issued by respondent No.1 as per Annexure-Q, by which the petitioner’s entry into service has been altered from 27.05.1991 to 01.04.1997. Undisputedly, the petitioner was not given opportunity of hearing before altering of records to his disadvantage.
2. Petitioner’s date of entry into service has been taken into consideration as 27.05.1991 way back on 06.01.2003, now that is sought to be modified as 01.04.1997 in the year 2018, such action is without hearing the petitioner.
3. Accordingly, Annexure-Q dated 06.02.2018 is set-aside. Writ petition stands allowed reserving liberty to the official respondents to proceed in accordance with law after giving due opportunity to the petitioner as well as contesting respondent No.2 in accordance with law.
Sd/- JUDGE BSR