IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.21506 OF 2019 (S-RES) BETWEEN:
SRI. S T NIRANJAN, S/O LATE S L THIMMAIAH, AGED ABOUT 52 YEARS, SECOND DIVISION ASST. TALUK PANCHAYATH, RAMANAGARA TALUK, AND DISTRICT, PIN-562159. ...PETITIONER (BY SRI PRAKASH SHETTY S, ADVOCATE) AND:
RAMANAGAR ZILLA PANCHAYAT, OFFICE OF THE CHIEF EXECUTIVE OFFICER, PANCHAYAT BHAVAN, B M ROAD, RAMANAGARA-562159, REP.BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENT (BY SRI B.J.SOMAYAJI, ADVOCATE) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH ANNEXURE-A DATED 02.04.2019 PASSED BY RESPONDENT AND REINSTATE THE PETITIONER WITH BACK WAGES AND CONSEQUENTIAL BENEFITS AND SALARY AND OTHER BENEFITS INCLUDING ARREARS OF SALARY AND OTHER BENEFITS AS DISABLE PERSON AS PER LAW AND ALL OTHER BENEFITS MAY BE GIVEN WITH 12% INTEREST ON THE SAID AMOUNT AND COST OF THE PETITION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Shri Prakash Shetty S., learned advocate for the petitioner has moved a memo of even date seeking to withdraw this petition duly signed by the petitioner and the learned advocate for the petitioner. Memo reads as under:
“MEMO In the above writ petition, petitioner has challenged order of dismissal dated 2-4-2019 passed by Chief Executive Officer, Ramanagar Zilla Panchayat. In the above matter, this Hon’ble Court issued a notice to the respondent. Respondent stated that there is an appeal against the said order. It was also mention that petitioner is a Government servant. Chief Executive Officer of Ramanagar Zilla Panchayat has no power to pass an order of dismissal.
Above writ petition may be permitted to withdraw with a liberty to file an appeal before appellate authority, in the interest of justice.”
2. Shri B.J.Somayaji, learned advocate for respondent No.1 has no objection.
3. Memo is placed on record.
4. Petition dismissed as withdrawn with liberty as prayed for.
Registry shall return Annexure-A, if a request is so made, after retaining a copy of the same.
Sd/-
JUDGE BSR