Writ petition challenging transfer and penalty orders in a nuclear power station. Court held the petition infructuous due to office tenure and order was dismissed without review.
Petition dismissed as infructuous.
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.
NC: 2023:KHC-D:14209 WP No. 104519 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 104519 OF 2018 (S-RES)
BETWEEN:
NELSON MATHEW RODRIGUES AGED: 53 YRS, OCC:CENTRAL GOVERNMENT SERVANT/SCIENTIFIC OFFICER ‘D’, R/O. D-20, KAIGA TOWNSHIP, MALLAPUR, KARWAR, KARNATAKA-58400.
…PETITIONER
(BY SRI. NELSON MATHEW RODRIGUES, PARTY IN PERSON)
AND:
Digitally
signed by
SHIVAKUMAR
SHIVAKUMAR HIREMATH
HIREMATH Date:
2023.12.07
11:57:38
+0530
…RESPONDENTS
(BY SRI. J. S. SHETTY ADV. FOR RESPONDENT NO.1 TO 7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION, TO THE RESPONDENT NO. 1, 3, 4, AND 5 TO REVOKE THE PETITIONER’S TRANSFER ORDER NO. NPCIL/HRIS/TRF(C)/VSB/2018/56 DATED 14.06.2018 VIDE ANNEXURE-"A" ISSUED BY RESPONDENT NO.5 AND TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION TO THE RESPONDENTS NO.1, 2 AND 3, TO SET ASIDE THE NPCIL MINOR PENALTY ORDER NO.BBAA/31066/116 DATED 10.03.1998 VIDE ANNEXURE-"J" ISSUED BY RESPONDENT NO.2, AND TO CONSIDER THE PETITIONER'S HIGHER QUALIFICATIONS AND THE CONSEQUENT PROMOTIONS AND RESTORE ALL THE INCENTIVES AND SERVICE BENEFITS OF THE PETITIONER, FROM RETROSPECTIVE EFFECT WITHOUT RE-INTERVIEWS AND TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION TO ALL THE RESPONDENTS FOR THE DISCLOSURE OF ALL THE RELEVANT RULES AND GUIDELINES, BEFORE THE COURT, APPLICABLE TO NPCIL KAIGA, WITH RESPECT TO THE NORMS REGARDING HIGHER QUALIFICATIONS CONSIDERATIONS AND CONSEQUENT PROMOTIONS AND THE REPORTING STRUCTURE, IN RELATION TO THE PETITIONER GROUNDS DESCRIBED ABOVE, AND MAY ORDER AGINAST ANY VIOLATIONS OF THE PRINCIPLES OF THE CONSTITUTION, THE WAY THE HON'BLE COURT DEEMS FIT AND TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION, TO THE RESPONDENTS IN A WAY THE COURT DEEMS FIT, TO ENSURE PROTECTION OF THE DISABLED PETITIONER, AGAINST FURTHER LOGICAL AND PHYSICAL PERSECUTIONS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
There is no representation by the petitioner.
14.06.2018 marked at Annexure – A.
Considering the tenure of the office and the scope of the present petition, this Court is of the view that the petition has become infructuous. Hence, the same is dismissed as having become infructuous.
Sd/JUDGE
BRN/ct-an List No.: 2 Sl No.: 5
Nelson Mathew Rodrigues
Chairman and Managing Director, NPCIL
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
