IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.55512/2018 (GM CC) BETWEEN BYRAIAH, S/O. MARIYAPPA, AGED ABOUT 56 YEARS, R/AT NO.57, KANDAYANAGAR LAYOUT 1ST STAGE, SRIRAMPURA, 2ND STAGE, MYSURU-570023 ... PETITIONER (BY SRI. RAVI H K, ADV.)
(BY SRI C.JAGADISH, SPL. GOVT. COUNSEL FOR R1 & R2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENQUIRY PROCEEDINGS INITIATED BY THE R-1 AGAINST THE PETITIONER AS PER THE NOTICE DTD:17.11.2018 FROM THE R-3 VIDE ANNEXURE-H BY ISSUING A WRIT OF CERTIORARI.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petition is admitted for hearing. With the consent of the learned counsel for the parties, it is taken up for disposal.
2. The petitioner in this petition has inter alia assailed the validity of the enquiry proceedings initiated by respondent No.1 against the petitioner as per the notice dated 17.11.2018 from respondent no.3. The petitioner also seeks direction to respondent no.1 to consider the representation dated 28.11.2018 submitted by the petitioner vide Annexure-J.
3. When the matter was taken up for hearing, learned counsel for the petitioner submitted without any order passed by the Deputy Commissioner and Chairman, District Caste Verification Committee show- cause notice has been issued to the petitioner. It is further submitted that there is no order in writing issued by the Deputy Commissioner and Chairman of District Caste Verification Committee which is evident from the notice issued to the petitioner.
4. The aforesaid submission made by the learned counsel for the petitioner is controverted by the Special Counsel for the respondent nos. 1 and 2. It is further submitted that in case the petitioner makes an application for supply of the copy of the order, same would be supplied to the petitioner.
5. In view of the aforesaid submission, this writ petition requires to be disposed of. In case the petitioner makes an application, respondent no.1 shall supply a copy of the order in writing directing holding of enquiry with regard to the cast certificate of the petitioner within a period of three days from the date of receipt of such an application.
6. Accordingly, the petition is disposed of.
Needless to state that, on receipt of a copy of the order, it will be open to the petitioner to have recourse to the remedy as may be available in law.
Sd/- JUDGE Sk/-
CT-HR