IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.8737/2019 (GM-RES) PIL BETWEEN:
1. TABASUM BEGUM W/O MD AZEEM SHAIKH AGED ABOUT 31 YEARS R/A #1043/1, M S K MILL ROAD NEAR MECCA MASJID, MADINA COLONY KALABURAGI – 585 103 2. YASEEM BEGUM W/O MD RAFEEQ AGED ABOUT 31 YEARS R/AT #101043/1, M S K MILL ROAD GALIB COLONY, NEAR ABUBAKER MASJID G B SHARANNAGAR KALABURAGI – 585 103 3. BAVASALI S/O MAHIBOOBASAB MAKASHI AGED ABOUT 29 YEARS R/A TAKALI, SANGNOOR KALABURAGI – 585 265 ... PETITIONERS (BY SRI B A TURKI, ADV.) AND:
1. STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE-01 REP. BY ITS CHIEF SECRETARY 2. STATE OF KARNATAKA HAJJ & WAQF & MINORITY WELFARE DEPARTMENT, VIKASA SOUDHA, BANGALORE - 01 REP. BY ITS PRINCIPAL SECRETARY 3. STATE OF KARNATAKA DEPARTMENT OF PERSONAL REFORMS & ADMINISTRATION (DPRA) VIKASA SOUDHA, BANGALORE - 01 REP. BY ITS PRINCIPAL SECRETARY 4. STATE OF KARNATAKA BACKWARD CLASSES WELFARE DEPARTMENT VIKASA SOUDHA, BANGALORE - 01 REP. BY ITS PRINCIPAL SECRETARY 5. DIRECTORATE OF MINORITIES 21ST FLOOR, V V TOWER BANGALORE – 560 001 REP. BY ITS DIRECTOR 6. THE REGIONAL COMMISSIONER KALABURAGI DIVISION, MINI VIDHANA SOUDHA KALABURAGI – 585 102 7. MEHBOOB PASHA KARATAGI S/O MOULA SAB AGED ABOUT 39 YEARS DISTRICT BACKWARD CLASS OFFICER & IN-CHARGE OF DISTRICT MINORITY WELFARE OFFICER (ON DEPUTATION) KALABURAGI – 585 102 ... RESPONDENTS (BY SRI.S.H.PRASHANTH, AGA FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO PREVENT THE R-7 FROM WRONGFULLY USURPING THE PUBLIC OFFICE BY DIRECTING THE R-1 TO 5 TO RELIEVE THE R-7 FROM THE POST OF DISTRICT MINORITY WELFARE OFFICER, GULBARGA. DIRECT THE R-7 TO REIMBURSE THE REMUNERATION, PERKS AND OTHER ALLOWANCES WRONGFULLY AND ILLEGALLY WITHDRAWN BY HIM CAUSING HUGE LOSS TO THE STATE EXCHEQUER BY USURPING THE PUBLIC OFFICE FROM THE DATE OF EXPIRY OF HIS TERM TILL THE DATE OF HIS ILLEGAL STAY IN THE PUBLIC OFFICE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
O R D E R The petitioner, in this writ petition has prayed for issuance of writ quo warranto against the seventh respondent who has been working as District Minority Welfare Officer, Gulbarga on deputation beyond five years. The grounds urged are that under the Karnataka Civil Service Rules, the deputation shall be only for five years and should not be deputed again unless cooling off period of two years is completed. But, contrary to the same, the seventh respondent has been continued beyond five years. The learned counsel also submits that the seventh respondent has also committed irregularities for which the Regional Commissioner directed the second respondent to initiate criminal action. Accordingly criminal action has been initiated. Under these circumstances, the seventh respondent has to quit and vacate the post.
2. After arguing the matter for some time, the learned counsel for the petitioner seeks leave of the Court to withdraw this petition and seeks liberty to urge all these grounds before the appropriate authority in the appropriate appeal or petition.
3. In view of the submission made by the petitioner, this petition stands dismissed as withdrawn reserving liberty to the petitioner to urge the contentions urged in this petition before the appropriate authority in appropriate appeal or petition.
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ACTING CHIEF JUSTICE lnn Sd/- JUDGE