High Court of Karnataka set aside a Karnataka State Administrative Tribunal order that adjusted seniority without impleading petitioners, citing violation of natural justice.
Order dated 02.07.2021 by Karnataka State Administrative Tribunal set aside; matter remanded to Tribunal with liberty to implead petitioners; finalization of gradation list within six months.
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 AT BENGALURU
DATED THIS THE 18TH DAY OF OCTOBER, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE E.S.INDIRESH
W.P.No.13385/2021 (S – KSAT)
BETWEEN :
| 5 . | P.R.GIRISH S/O LATE RAMAYYA AGED ABOUT 48 YEARS ASSSITANT SUB INSPECTOR WOMEN POLICE STATION CHIKMAGALUR – 577101 |
|---|---|
| 6. | H.E.VISHWANATHA S/O H.S.ESHWARAPPA AGED ABOUT 48 YEARS ASSISTANT SUB INSPECTOR MALLANDUR POLICE STATION CHIKMAGALURU-577101 |
| 7 . | DHARMARAJ S/O LATE PULLAIAH AGED ABOUT 48 YEARS ASSISTANT SUB INSPECTOR TRAFFIC POLICE STATION CHIKMAGALUR - 577101 |
| 8 . | Y.A.RAVINDRA S/O LATE Y.D.ANNEGOWDA AGED ABOUT 49 YEARS ASSISTANT SUB INSPECTOR STATE INTELLIGENCE UNIT CHIKMAGALUR - 577101 |
| 9 . | B.K.SHESHAPPASHETTY S/O KENCHAPPASHETTY AGED ABOUT 47 YEARS ASSISTANT SUB INSPECTOR AJJAAMPURA POLICE STATION CHIKMAGALURU - 577101 |
| 10 . | D.MURTHAPPA |
| S/O LATE DODANNA AGED ABOUT 47 YEARS ASSISTANT SUB INSPECTOR |
|
| LAKKAVALLI POLICE STATION CHIKMAGALURU - 577101 |
| 11 . | JAGADISH NAIK S., S/O SONNALANAIK AGED ABOUT 46 YEARS ASSISTANT SUB INSPECTOR TOWN POLICE STATION CHIKMAGALURU - 577101 |
|---|---|
| 12 . | MANJUNATH H., |
| S/O LATE HANUMANTHAPPA AGED ABOUT 48 YEARS ASSISTANT SUB INSPECTOR TAREKERE POLICE STATION CHIKMAGALUR - 577101 |
|
| 13 . | H.T.NAGENDRA S/O LATE THIMAYYA PRAYA AGED ABOUT 48 YEARS ASSISTANT SUB INSPECTOR TRAFFIC POLICE STATION CHIKMAGALURU - 577101 |
| 14 . | DEVARAJU S/O LATE NINGEGOWDA PARYA AGED ABOUT 50 YEARS ASSISTANT SUB INSPECTOR TRAFFIC POLICE STATION CHIKMAGALUR - 577101 |
| 15 . | G.SURESH S/O GANGANNA AGED ABOUT 50 YEARS ASSISTANT SUB INSPECTOR RURAL POLICE STATION CHIKMAGALURU - 577101 |
| 16 . | T.R.RAMESH S/O T.B.SHIVANNA AGED ABOUT 49 YEARS ASSISTANT SUB INSPECTOR STATE INTELLIGENCE POLICE CHIKMAGALURU - 577101 |
| 17 . | R.T.HONAPPA |
| S/O THIMAPPA PRAYA |
AGED ABOUT 45 YEARS ASSISTANT SUB INSPECTOR ALUR POLICE STATION CHIKMAGALURU - 577101
| 18 . | P.H.PRAKASH S/O LATE P.D.ANNA NAIK AGED ABOUT 48 YEARS ASSISTANT SUB INSPECTOR SAKKAREPATANNA POLICE STATION CHIKMAGALURU - 577101 |
|---|---|
| 19 . | T.ANNA NAIK S/O LATE TYVARANAIK AGED ABOUT 48 YEARS ASSISTANT SUB INSPECTOR TRAFFIC POLICE STATION CHIKMAGALURU - 577101 |
| 20 . | K.C.UMESH S/O LATE CHANDREGOWDA AGED ABOUT 48 YEARS ASSISTANT SUB INSPECTOR AJJAMPURA POLICE STATION CHIKMAGALURU - 577101 |
| 21 . | K.C.BASAVARAJU S/O LATE CHANDREGOWDA AGED ABOUT 49 YEARS ASSISTANT SUB INSPECTOR ALUR POLICE STATION CHIKMAGALUR- 577101 |
| 22 . | M.D.PURNESH S/O LATE DODDEGOWDA AGED ABOUT 49 YEARS ASSISTANT SUB INSPECTOR RURAL POLICE STATION CHIKMAGALUR -577101 |
| 23 . | G.CHANDRANAIK S/O GOVINDANAIK |
| AGED ABOUT 46 YEARS | |
| ASSISTANT SUB INSPECTOR |
RURAL POLICE STATION CHIKMAGALURU - 577101
30 . H.S.SRIDHAR S/O ANNAPPA AGED ABOUT 49 YEARS ASSISTANT SUB INSPECTOR KOPPA POLICE STATION CHIKMAGALURU - 577101 31 . NINGE GOWDA S/O JUNJEGOWDA AGED ABOUT 48 YEARS ASSISTANT SUB INSPECTOR BHALEHONNUR POLICE STATION CHIKMAGALURU - 577101 32 . NAGARAJ H.D., S/O DHARMAPPA AGED ABOUT 50 YEARS ASSISTANT SUB INSPECTOR N.R.PURA POLICE STATION CHIKMAGALURU - 577101 33 . T.K.RAVI S/O LATE RAMAYYA AGED ABOUT 50 YEARS ASSISTANT SUB INSPECTOR LAKKAVALLI POLICE STATION CHIKMAGALURU - 577101 34 . A.K.KUMARASWAMY S/O AMARASHETTY AGED ABOUT 48 YEARS ASSISTANT SUB INSPECTOR SRINGERI POLICE STATION CHIKMAGALURU - 577101 35 . NARENDRA K.B., S/O BEREGOWDA K.S., AGED ABOUT 47 YEARS ASSISTANT SUB INSPECTOR PANCHANAHALLI POLICE STATION CHIKMAGALURU- 577101
36 . K.S.GANGADHAR S/O SIDDEGOWDA AGED ABOUT 46 YEARS ASSISTANT SUB INSPECTOR KADUR POLICE STATION CHIKMAGALUR-577101 ...PETITIONERS
(BY SRI K.V.NARASIMHAN, ADV.)
AND :
1 . SRI RAMESH S/O RAGHURAM SHETTY AGED ABOUT 46 YEARS WORKING AS HEAD CONSTABLE KUDREMUKH POLICE STATION OOD AT STATE INTELLIGENCE CHIKMAGALURU DISTRICT- 577142
2 . SRI RAJENDRA A., S/O ANANTHA RAMAIAH AGED ABOUT 45 YEARS WORKING AS HEAD CONSTABLE BALUR POLICE STATION MUDIGERE TALUK CHIKMAGALURU DISTRICT - 577122
3 . SRI J.K.CHANDRAPPA S/O KIRALAPPA AGED ABOUT 46 YEARS WORKING AS HEAD CONSTABLE ALDURU POLICE STATION CHIKMAGALUR DISTRICT - 577101
4 . SRI M.C.PRAKASH S/O CHANDRA NAIK AGED ABOUT 45 YEARS WORKING AS HEAD CONSTABLE CHIKMAGALURU TOWN POLICE STATION CHIKMAGALUR DISTRICT - 577101
WORKING AS HEAD CONSTABLE MALLANDUR POLICE STATION CHICKMAGALURU DISTRICT-577130
7 . SRI MAHESH S/O BASAVE GOWDA AGED ABOUT 44 YEARS WORKING AS HEAD CONSTABLE DCIB BRANCH, DPO CHIKMAGALURU TOWN CHIKMAGALURU DISTRICT-577101
(BY SRI S.P.KULKARNI, ADV. FOR R-1 TO R-8; SRI B.RAJENDRA PRASAD, HCGP FOR R-9 TO R-12.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 02.07.2021 PASSED IN APPLICATION Nos.5062 TO 5069/2019 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT ANNEXURE-B.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, S. SUJATHA, J ., MADE THE FOLLOWING:
O R D E R
The petitioners herein have challenged the order dated 02.07.2021 passed in Application Nos.50625069/2019 by the Karnataka State Administrative Tribunal (‘Tribunal’ for short).
appearing for both the parties.
Two sets of appointment orders were issued on 02.09.1996 and on the basis of these appointment orders under which two sets of CPCs were selected and appointed, seniority list was prepared. Considering the classification of vacancies made as per the Government Order No.DPAR8SAHIMA95 dated 20.06.1995, recruitment process was carried out and provisional selection list was published on 10.06.1996. Suppressing
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the material facts, the private respondents/applicants had filed the applications without making the petitioners herein as parties before the Tribunal and the Tribunal without appreciating the submissions of the Government Pleader albeit noticing the necessary parties not being impleaded, passed the impugned order quashing the order at Annexure – A28 dated nil/06/2019 passed by the respondent No.4 and thereby directed the official respondents to assign the ranking on the basis of the Annexures – A1 and A5 with all consequential benefits within a period of four months. This would affect the rights of the petitioners who were placed above the private respondents herein since 23.07.1998. Hence, seeks to challenge the order impugned in this writ petition.
official respondents are directed to assign the ranking on the basis of Annexures – A1 and A5 with all consequential benefits which would necessarily imply that a provisional list has to be prepared and thereafter providing an opportunity of hearing/filing objections, the gradation list would be finalized. Hence, the challenge by the petitioners herein to the order impugned by seeking permission is wholly untenable and it may be clarified that the official respondents shall provide an opportunity of hearing to them while preparing final gradation list.
parties, we are conscious that the principles of natural justice would certainly be violated if the necessary and proper parties i.e., the petitioners herein, are not heard in the matter whose rights would be affected by disturbing the gradation list which was holding the field
since 23.07.1998 without any objections from the private respondents.
considered view that the ends of justice would be met in setting aside the impugned order and remanding the matter to the Tribunal with liberty to the applicants to implead the petitioners herein and such other persons whose rights would be affected in disturbing the gradation list. Hence, I.A.No.1/2021 filed by the petitioners seeking leave of the Court to prefer this writ petition is allowed.
Tribunal. The Tribunal shall hear all the concerned parties and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of six months. All the rights and contentions of the parties are left open.
Writ petition stands disposed of accordingly.
Sd/-
JUDGE
Sd/JUDGE
PMR
2 issues framed by the court
Whether the impugned order of the Karnataka State Administrative Tribunal setting aside seniority without impleading petitioners violated principles of natural justice?
Whether to set aside the Tribunal order roviding liberty to implead affected officers regarding seniority and gradation list. [
1 provisions across 1 enactments
S.M.YATHEESHA and others
SRI RAMESH and others
THE STATE OF KARNATAKA
THE DIRECTOR GENERAL OF POLICE
THE INSPECTOR GENERAL OF POLICE WESTERN RANGE
THE SUPERINTENDENT OF POLICE CHIKMAGALURU
S. SUJATHA
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
