Dismissed

Sri H C Manjunatha v. State of Karnataka

Karnataka HC16 Jun 2020WA/938/2018

Case brief

AI extract

What is this about?

A writ appeal by an ex-employee of a Panchayat challenging a single judge's order dismissing his writ petition regarding forced resignation. The court refused to accept photocopies of an alleged withdrawal representation filed during appeal and dismissed the writ appeal, upholding the dismissal of the protected employee’s resignation.

What did the court decide?

Writ appeal and consequential interim application dismissed; order passing 04.05.2015 resolution accepting resignation upheld.

Sri H C Manjunatha Vs State of Karnataka — Service and Employment | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JUNE, 2020

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY

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WRIT APPEAL NO.938 OF 2018(S-RES)

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BETWEEN:

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Sri.H.C.Manjunatha S/o Chowdachar Aged about 38 years R/o Jain Street, Bellur Bellur Hobli, Nagamangala Taluk Mandya District-571 401.

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... APPELLANT

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(By Shri.Yogesh V.Kotemath, Adv. For Shri.P.H.Virupakshaiah, Adv.)

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AND:

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State of Karnataka Department of Panchayath Raj & Rural Development, Vikasa Soudha Bengaluru-560 001 Rep.by its Principal Secretary.

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The Chief Executive Officer Zilla Panchayat Mandya-571 401.

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The Chief Officer Town Panchayat, Bellur Nagamangala Taluk Mandya District-571 401.

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...RESPONDENTS

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(By Shri.B.J.Somayaji, Adv. For R-2 & 3; Sri.I.Tharanath Poojary, AGA for R-1)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DT.31.1.2018 PASSED IN W.P.NO.45640/2017 (S-RES) BY THE LEARNED SINGLE JUDGE AND ALLOW THE W.P.NO.45640/2017 (S-RES) FILED BY THE APPELLANT HEREIN.

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THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, VISHWAJITH SHETTY J., DELIVERED THE FOLLOWING:

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JUDGMENT

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The unsuccessful petitioner in Writ Petition No.45640/2017 (S-RES) has filed this writ appeal assailing the order passed by the learned Single Judge of this court dated 31.01.2018, dismissing the writ petition.

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We have heard the learned counsel for the appellant, learned Additional Government Advocate for respondent No.1 and the learned counsel for respondent Nos.2 and 3, who have appeared in person before us.

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The appellant was an employee of Bellur Grama Panchayat of Nagamangala Taluk, Mandya District. In the writ petition filed by him, he had arrayed the Panchayat Development Officer of the said Grama Panchayat as

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respondent No.3 and the Grama Panchayat as respondent No.4. During the pendency of the proceedings before this court, the State of Karnataka had published a notification declaring the Grama Panchayat area of Bellur to be the Town Panchayat area of Bellur. Subsequent to the said notification, the appellant had filed an application in this writ appeal seeking deletion of respondent Nos.3 and 4 and thereafter had made a separate application to implead the Chief Officer, Town Panchayat, Bellur as respondent No.3. The said application was allowed by this court and the Chief Officer, Town Panchayat, Bellur was thereafter impleaded as the third respondent in this appeal.

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The appellant was appointed as ‘Dafedar’ in Bellur

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Grama Panchayat, Nagamangala Taluk, w.e.f. 10.7.1996. Subsequently on 19.07.2006, he was promoted to the post of Bill Collector by the Grama Panchayat. According to the appellant, on 27.04.2015, he was forced to resign from the said post by his higher officers. Appellant further contends that on 28.04.2015, he gave a representation for withdrawing his resignation letter and notwithstanding the said representation submitted by him on 28.04.2015, the

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Grama Panchayat on 04.05.2015 had passed a resolution accepting his resignation. Being aggrieved by the said resolution dated 04.05.2015 passed by the Grama Panchayat, appellant had filed a statutory appeal before the second respondent herein. The second respondent – Appellate Authority had heard the said appeal on merits and had dismissed the same vide its order dated 20.02.2017 on the ground that the appellant had failed to produce any material before the said authority to show that he had submitted any representation before the Grama Panchayat on 28.04.2015 withdrawing the letter of resignation dated 27.04.2015.

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Being aggrieved by the said order dated 20.02.2017 passed by the second respondent, the appellant had filed W.P.No.45640/2017 before this court raising the very same contentions. Even in the writ petition, the appellant had failed to produce the representation dated 28.04.2015 said to have been submitted by him to the Grama Panchayat seeking to withdraw his resignation letter dated 27.04.2015.

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The learned Single Judge of this Court after hearing all the parties to the writ petition dismissed the writ petition by the impugned order dated 31.01.2018 observing that the appellant had failed to reveal the names of the persons, who had forced him to resign from the post and he has also not taken any action against the persons who had allegedly forced him to sign the resignation letter. The learned Single Judge also observed that the appellant, who claims to have submitted a letter dated 28.04.2015 for recalling the resignation letter, had failed to produce the copy of the said letter either before the appellant authority or before this court.

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The Grama Panchayat had taken a categorical stand before the second respondent – appellate authority as well as before this court in the writ petition that it had not received any letter from the appellant seeking withdrawal of the resignation letter.

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The present writ appeal is filed challenging the legality of the order passed by the learned Single Judge of this court in W.P.No.45640/2017 raising the very same

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contentions raised before the appellate authority and the learned Single Judge.

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During the pendency of the writ appeal, the appellant has filed I.A.No.3/2019 before this court under Order XLI Rule 27 CPC with a prayer to permit him to produce the copy of the letter dated 28.04.2015 allegedly submitted by him to the President and Panchayat Development Officer of the Grama Panchayat, Bellur.

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The learned Counsel appearing for the appellant vehemently contends before us that the additional documents now sought to be produced in the writ appeal were submitted by him on 28.04.2015 before the authorities to whom the said representations are addressed and therefore, there was no justification on the part of the Grama Panchayat to pass the resolution dated 04.05.2015 accepting the resignation letter of the appellant dated 27.04.2015.

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On the other hand, the learned Counsel appearing for respondent Nos.2 and 3 would submit that no

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such representations were received by the Grama Panchayat.

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On perusal of the additional documents now

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sought to be produced by the appellant, it is seen that the said documents are neither the originals nor the certified copies. The said documents are the photocopies, which are attested by a Gazetted Officer.

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The appellant has been fighting this litigation since the year 2015. However, he has not explained as to why the copy of these documents were not produced either before the appellate authority or before the learned Single Judge of this court. Under the circumstances, we refuse to accept the contention of the appellant that these documents were submitted by him before the President and Panchayat Development Officer of the Grama Panchayat on 28.04.2015. The second respondent as well as the learned Single Judge of this court have rightly dismissed the appellant’s petition since he had not produced any material before them to show that he had filed any representation before the Grama Panchayat on 28.04.2015

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seeking withdrawal of his resignation. The appellant, who had submitted his resignation letter to the Grama Panchayat, ought to have submitted his representation seeking withdrawal of the resignation to the very same authority and not to any other authority.

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Under the circumstances, we find no ground to interfere with the order passed by the learned Single Judge of this court in Writ Petition No.45640/2017 (S-RES) and accordingly, the writ appeal stands dismissed.

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Consequently, I.A.No.3/2019 also stands dismissed.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

KNM/-

Sri H C Manjunatha v. State of Karnataka

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Sri H C Manjunatha v. State of Karnataka

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