IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. NO.18213/2019 (S-RES) BETWEEN:
SRI.TIPPANNA SIDARAMAPPA AKMANCHI S/O.SIDARAMAPPA AKMANCHI AGED ABOUT 40 YEARS WORKING AS EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD DISTRICT PROJECT OFFICE 2ND FLOOR KHB COMPLEX OPP. TAYOTA SHOW ROOM KALBURGI-585 102 R/AT PLOT NO.61, SY.NO.77 BESIDE SARVAGJNYA PU COLLEGE OPP. WATER TANK. JEWARGI ROAD KALBURGI-565 102 (BY SMT.PREETHI.G., FOR SRI.JEEVAN KUMAR B.S., ADV.) AND:
THE HOSING COMMISSIONER AND DISCIPLINARY AUTHORITY OFFICE OF THE KARNATAKA HOUSING BOARD BANGALORE-560 001 (RESPONDENT SERVED) … PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT HOUSING BOARD COMMISSIONER TO CONSIDER REPRESENTATION VIDE ANNEXURE-D DATED:05.04.2019 BEFORE PROCEEDING IN TO THE PROCEEDING UNDER ENQUIRY REPORT DATED: 22.02.2019 AND ALSO RECOMMENDATION DATED: 25.02.2019 VIDE ANNEXURE-A AND B PENDING DISPOSAL OF THE WRIT PETITION AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Despite service of notice to the respondents through hand summons none appears.
2. The grievance of the petitioner is to consider representation vide Annexure-D dated 5.4.2019 in which petitioner has sought for number documents in respect of disciplinary proceedings said to have been conducted by the office of the Lokayukatha.
3.
The petitioner is entitled to those documents which have been relied in the enquiry. Therefore, in order to make effective reply to the show cause notice along with the Enquiry Officer’s report those documents are relevant and necessary. Therefore, concerned respondent and disciplinary authority is hereby directed to act on the petitioner’s representation and furnish the documents which are relied in the disciplinary proceedings. Such documents shall be made available to the petitioner within a period of two weeks from the date of receipt of this order. Thereafter, petitioner is permitted to file reply/explanation on the Enquiry Officer’s report r/w the 2nd show cause notice within period of six weeks from the date receipt of the documents.
4. With the above observation, petition stands disposed off. Till the above exercise is completed Disciplinary Authority is hereby directed to not to act on Enquiry Officer’s report dated 22.2.2019.
Sd/- JUDGE BS