A writ petition seeking reinstatement and service benefits pending before the Karnataka Administrative Tribunal was rejected due to parallel proceedings, with the petition referred back to the Tribunal.
Petitioner to file in KART pending consideration and Tribunal to dispose of regularization.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 02N D DAY OF APRIL 2019
PRESENT
THE HON’BLE MR. JUSTICE G.NARENDAR
AND
THE HON’BLE MR. JUSTICE BELLUNKE A.S.
W.P.NO.103475/2019 (S-KAT)
BETWEEN :
SRI BUGGA REDDY, S/O LATE SAYA REDDY, AGED ABOUT 54 YEARS, OC: INSPECTOR OF MOTOR VEHICLE, IN THE OFFICE OF THE DEPUTY COMMISSIONER OF TRANSPORT & SENIOR RTO, TUMKUR-572103, AT PRESENT RESIDING AT PLOT NO.51, 1ST CROSS, ASHOK NAGAR, MAVAMBHAVI, SIRUGUPPA ROAD, BELLARY.
… PETITIONER
(BY SRI R.B.CONTRACTOR, ADVOCATE)
AND :
…RESPONDENTS
(BY SRI RAVI V.HOSMANI, AGA FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF IDNIA PRAYING TO ISSUE A WRIT OF MANDAMUS AND TO DIRECT THE RESPONDENTS TO REINSTATE THE PETITIONER IN THE SAID DEPARTMENT TILL THE DISPOSAL OF THE SAID APPLICATION NO.7262/2018 ANNEXURE-C PENDING BEFORE THE KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE AS THE ORDER ANNEXURE-A13, PASSED BY THE 1ST RESPONDENT AS ILLEGAL, ARBITRARY AND UNLAWFUL AND SUCH OTHER RELIEFS.
THIS WRIT PETITION COMING ON FOR ADMISSION THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:
ORDER
Sri Ravi V. Hosmani, Additional Government Advocate accepts notice for respondent Nos.1 and 2.
prosecution was initiated. It is contended that the court after full fledged hearing was pleased to exonerate the petitioner from the charges.
pending consideration and the same is not taken up for disposal.
“(a) issue a writ of mandamus and to direct the respondents to reinstate the petitioner in the said department till the disposal of the said Application No.7262/2018 Annexure-C pending before the Karnataka Administrative Tribunal, Bangalore as the order Annexure-A13, passed by the 1st respondent as illegal, arbitrary and unlawful;
(b) Issue a writ of mandamus or other appropriate order or direction, directing the respondents, to provide all the timely service benefits, promotions and seniority benefits, increments, release the pending salary and all other facilities of the petitioner in the applicable cadre;
(c) Petitioner also prays to grant the pending salary for the suspension period still pending even after several continuous petitions/applications.
(d) Pass any other or direction as this Hon’ble Court deems fit and proper under the circumstances of the case, in the interest of justice and equity.”
be deposited to the account of the Advocate’s Association Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad within six weeks from today, failing which, the Additional Registrar General, High Court of Karnataka, Dharwad Bench, shall take steps to recover the same.
Sd/JUDGE
Sd/JUDGE
EM
2 issues framed by the court
Whether the Karnataka Administrative Tribunal should adjudicate claims for reinstatement and service benefits in cases of compulsory retirement involved in Lokayukta proceedings?
Whether filing a writ petition seeking directions for reinstatement pending Tribunal proceedings amounts to parallel jurisdiction?
Colour shows how this judgement treated each authority
L.Chandra Kumar Vs. Union of India and othersReferred¶37
(1997) 3 Supreme Court Cases 261 (L.Chandra Kumar Vs. Union of India and others)
1 provisions across 1 enactments
SRI BUGGA REDDY
THE STATE OF KARNATAKA
THE COMMISSIONER FOR TRANSPORT AND ROAD SAFETY
THE KARNATAKA LOKAYUKTA
G.NARENDAR
BELLUNKE A.S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
