Disposed

Nagamangala Taluk v. the State of Karnataka

Karnataka HC21 Dec 2021WP/57867/2015

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition filed by a teachers' association to quash an order initiating an enquiry into alleged misappropriation of funds. Noting prior stays and the society's ownership of the building, the Court allowed the enquiry to proceed against former office-bearers but remitted the matter for speedy completion involving all stakeholders, while keeping further con

What did the court decide?

The writ petition is disposed of; the enquiry is to be held involving all stakeholders by issuing notice; impugned order remains valid for consideration.

Nagamangala Taluk Vs the State of Karnataka — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF DECEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.57867 OF 2015 (GM - RES)

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BETWEEN:

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NAGAMANGALA TALUK SAKARI PRATHAMIKA SHALA SHIKSHAKARA BHAVANA SAMITHI, NO.2690/2459, B M ROAD, NAGAMANAGALA TOWN, MANDYA DISTRICT. REPRESENTED BY ITS PRESIDENT.

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DASTAGIR KHAN, S/O GAFUR KHAN, AGED ABOUT 51 YEARS, ASSISTANT TEACHER, GOVT. HIGHER PRIMARY SCHOOL, KANTHAPURA, NAGMANGALA TALUK, MANDYA DISTRICT - 577 521.

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D. B. NARASIMHAMURTHY, S/O BOREGOWDA, AGED ABOUT 44 YEARS, ASSISTANT TEACHER , GOVT. LOWER PRIMARY SCHOOL, K. MALENAHALLI, NAGMANAGALA TALUK, MANDYA DISTRICT - 577 651.

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RANGANATH K., S/O KAVATIGOWDA, AGED ABOUT 51 YEARS, GOVT. LOWER PRIMARY SCHOOL, ANKUSHAPURA, NAGMANAGALA TALUK, MANDYA DISTRICT.

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K. PUTTARAJU, S/O KRISHNAN, AGED ABOUT

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…PETITIONERS

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BLOCK RESOURCE PERSON, BLOCK RESOURCE CENTER, NAGMANAGALA TALUK, MANDYA.

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(BY SRI.VARUN JAYKUMAR PATIL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M S BUILDING, BANGALORE - 560 01 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE COMMISSIONER OF PUBLIC INSTRUCTION, DEPARTMENT OF PUBLIC INSTRUCTION, NRUPATHUNGA ROAD, BANGALORE - 560 001.

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DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, MANDYA DISTRICT, MANDYA - 577 521.

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BLOCK EDUCATION OFFICER, PUBLIC EDUCATION DEPARTMENT, NAGAMANGALA TALUK - 577 651.

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…RESPONDENTS

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(BY SRI.SHRIDHAR HEGDE, HCGP FOR R1 - R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 4.12.2015 PASSED BY R-2 VIDE ANNEXURE - J; QUASH THE ORDER PASSED BY R-4 VIDE ANNEXURE - K DATED 4.12.2015 AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners happen to be an Association of

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Government Teachers registered under the provisions of the Karnataka Societies Registration Act, 1960. They are knocking at the doors of Writ Court for assailing the order dated 14.12.2015 issued by the respondent-Block Education Officer interalia providing for holding of an enquiry into certain allegations of misappropriation of funds of association & mismanagement of the affairs by certain office bearers.

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After service of notice, respondents having entered appearance the learned HCGP, have filed the Statement of Objections on 02.01.2018, resisting the writ petition; learned HCGP vehemently make submission in justification of the impugned order and the reasons on which it has been constructed.

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Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons:

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a) the impugned order dated 14.12.2015 was stayed by a Co-Ordinate Bench of this Court vide order dated 06.12.2015; since then, much water has flowed under the bridges and periodic elections having been held new Committees have been constituted; it is not the case of respondents that even the members of new Committees too have committed any irregularities; the course of events appears to be peaceful & in accordance with law.

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b) A Co-ordinate Bench of this Court vide order

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dated 11.11.2019 has observed as under:

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"The Primary School Teachers have contributed money to build a Shikshaka Bhavana in Nagamangala Taluk, on the land allotted by the Government. Initially, the Block Education Officer was made as a President to the Society. He withdrew his consent in view of Circular dated 11.09.2014. Now the State Government desires to take over the building.

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In view of the admitted facts that the building has been constructed by contribution of primary school teacher, it would be appropriate for the Government to allow the petitioner-Society to have control over the Association subject such conditions which the State may impose.

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For the stay of Government on this aspect, call on 18.11.2019.

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A copy of this order shall be handed over to the learned AGA forthwith."

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There is no reason or rhyme for the respondent-authorities to disagree with the substratum of this order.

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c) There is no dispute that the petitioner-Association had constructed the building in question and it has been managing the same; learned HCGP is right in submitting that the land on which the construction is made belongs to the Government; however, learned counsel for the petitioner points out from the proceeding of the Deputy Commissioner of Mandya District which reads as under:

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" Although I had inspected the spot previously, inspection note was not drawn up. However, during my visit to Nagamangala on 23.7.83, I have once again inspected the Government land in S.No.278. The land is adjacent to the Nagamangala-BellurBangalore road. It is full of rocks and unfit for cultivation. Therefore, in exercise of the powers vested in me under Rule 18(3)(5) of the KLG Rules, 1969, an extent of 120 ft x 100 ft (as per the sketch dated 20.4.82) of land in S.No.278 of Nagamangala is sanctioned in favour of the Assistant Educational Officer, Nagamangala, for construction of "PRATHAMIKA SHALA SHIKSHAKARA BHAVANA", subject to payment of the market value of the land at Rs.2,000/- per acre. Issue order accordingly."

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Thus, the Association has already made payment of price for the ground land. Therefore, the building has to continue in the ownership and possession of the petitioner-Association.

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d) The above having been said, the enquiry into allegations of misappropriation and mismanagement by the then Members of the Elected Committee has to go on, as rightly submitted by learned HCGP; merely because a new body is constituted after election, the lapses on the part of former office Bearers cannot be allowed to go un-enquired as observed by this Court in catena of decisions rendered in similar fact matrix. Only to that extent, the grievance of the petitioners does not have merit. The impugned order has to be construed accordingly and enquiry proceedings need to be accomplished speedily.

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In the above circumstances, this writ petition is disposed off. The enquiry proceedings if any, shall be held involving all the stake holders by issuing notice.

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All contentions are kept open.

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Costs made easy.

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Sd/JUDGE

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Nagamangala Taluk v. the State of Karnataka

Case brief

What is this about?

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Nagamangala Taluk v. the State of Karnataka

Case brief

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