Petitioner, a government servant, sought writ direction to admit him as ITB Police Constable. Court held petition not maintainable under Article 226 as alternative remedy exists and petitioner must approach competent Tribunal.
Writ petition dismissed as not maintainable; directed to approach competent Tribunal.
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.
WP No. 106445 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 106445 OF 2019 (S-RES)
BETWEEN:
SRI.HANAMANTH BHIMASHI THIMMANAGOL AGED ABOUT: 29 YEARS, OCC: PLICE CONSTABLE ITB, R/O: GODACHINAMALKI, POST MAVANUR, TQ: GOKAK, DIST: BELAGAVI.
…PETITIONER
(BY SRI. T M NADAF, ADVOCATE)
AND:
J MAMATHA
Digitally signed by J MAMATHA Date: 2023.01.04 15:09:41 +0530
WP No. 106445 of 2019
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS TO ADMIT THE PETITIONER IN THE SERVICE AS POLICE CONSTABLE ITB POLICE FORCE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking direction to the respondents to admit the petitioner in the service as police constable ITB Police Force.
2. Paragraph 15 of the grounds made in petition reads as
under:
“ 15. It is submitted that petitioner being government servant and a permanent employee of the Government he should be permitted to join the force without any further delay. The petitioner has got a constitutional
WP No. 106445 of 2019
right to continue in the service unless he was debarred under Law for misconduct or other imputations of the like nature.”
(Emphasis supplied)
Accordingly the writ petition is disposed of.
Sd/JUDGE
gab
List No.: 1 Sl No.: 30
3 issues framed by the court
Whether a writ petition under Articles 226 and 227 by a government servant seeking admission to police force is maintainable when alternative remedy exists.
Whether the petitioner is relegated to approach the competent Tribunal instead.
Whether the writ petition is maintainable when the petitioner is already a government servant.
Colour shows how this judgement treated each authority
L. Chandra KumarReferred¶32
L. Chandra Kumar & Ors. vs. Union of India
2 provisions across 1 enactments
Sri. Hanamant Bhimashi Thimmanagol
The Union of India
J Mamatha
The Director General ITB
The Deputy Inspector General
The Adjutant 2nd Battalion
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
