IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.42932 OF 2016 (GM-CC) BETWEEN:
V R KUMAR S/O RANGAPPA AGED ABOUT 43 YEARS ASSISTANT TEACHER MARANDANAHALLI GOVT. LOWER PRIMARY SCHOOL BANGARPET TALUK KOLAR DISTRICT … PETITIONER (By Mr.H M KISHOR KUMAR, ADV.) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPLE SECRETARY HOME DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE – 560001.
2. ADDITIONAL DIRECTOR GENERAL OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT TECHNICAL INSTITUTION BHAVAN PALACE ROAD BANGALORE – 560001.
3. THE DEPUTY SUPERINDENT OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT KOLAR DIVISION KOLAR – 563101. … RESPONDENTS (By Mr.C JAGADISH SPL. COUNSEL ADV. FOR R1 TO R3, ADV.) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice Annexure-A dtd:12.5.2015 issued by the R-3 and all further proceedings pursuant to the said notice and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.H.M.Kishor Kumar, learned counsel for the petitioner.
Sri.C.Jagadish, Special counsel for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
i) Issue an order, direction or writ in the nature of writ of certiorari to quash the Notice Annexure-A dated 12.05.2015 made in No. Javi.NAHAJANI/KO/15 issued by the 3rd respondent and all further proceedings pursuant to the said notice.
ii) Grant such other relief which this Hon’ble Court may deem fit in the facts and circumstances of the case.
4. When the matter was taken up today, learned counsel for the respondents submitted that the issue involved in this writ petition is squarely covered by an order dated 16.01.2019 passed by a Bench of this Court in W.P.No.14144/2008.
5. In view of the aforesaid submission and for the reasons assigned in the order passed in W.P.No.14144/2008 as well as with a view to maintain parity, the writ petition is disposed of with a direction that the petitioner herein will participate in the enquiry which has been initiated against him. Thereafter, the respondent No.3 shall forward the enquiry report to the District Caste Verification Committee and the said Committee, after giving a notice to the petitioner and after affording an opportunity to him in support of his claim, take a decision in accordance with law, if so advised.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV