A writ petition challenging a disciplinary order of withholding increments for illegal land allotment was dismissed as there was no procedural infirmity and the punishment was justified based on established findings.
The writ petition was dismissed with the order being held to be justifiable.
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 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5805 OF 2022 (S-RES)
BETWEEN:
…PETITIONER
(BY SRI. MUZAFFAR AHMED., ADVOCATE)
AND:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. H.L.PRADEEP, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TOCALL FOR RECORDS RELATING TO IMPUGNED ORDER DATED 21.04.2018 PASSED BY THE R-2 DISCIPLINARY AUTHORITY VIDE ANNEXURE-A AND CONSEQUENTLY THE RECOMMENDATION/ENQUIRY REPORT DATED 24.10.2017 PASSED BY THE ENQUIRY OFFICER MR. C.V. MARGOOR IN
CASE NO.KHB/ADM/PS/PR/25/2016-17 PERUSE AND QUASH THE SAME AS ARBITRARY, ILLEGAL AND WRONGFUL AND AGAINST PRINCIPLES OF NATURAL JUSTICE AND NON APPLICATION OF MIND AND DOES VIOLATE ARTICLE 14 AND ARTICLE 16(1) OF CONSTITUTION OF INDIA.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
of the petitioner had been established.
granted the land which was a portion of the road as a marginal land, and therefore, he was guilty of the charge alleged against him. The Disciplinary Authority had accepted the said report and had proceeded to pass the impugned order, imposing the punishment of withholding of two increments.
NC: 2023:KHC:46820 WP No. 5805 of 2022
merit to entertain this Writ Petition. Writ Petition is,
accordingly, dismissed .
Sd/JUDGE
HNM List No.: 1 Sl No.: 47
1 issue framed by the court
Whether the enquiry officer's finding regarding the granting of a road portion as marginal land establishes guilt warranting punishment.
Mr K M Mohammed Ziaulla
The Karnataka Housing Board Cauvery Bhavan Bengaluru-560001
The Housing Commissioner and Disciplinary Authority Karnataka Housing Board
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
