The High Court of Karnataka dismissed the writ petition challenging an endorsement rejecting voluntary resignation, holding the petition devoid of merits as it was previously dismissed as withdrawn without liberty to approach again.
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NC: 2023:KHC:39504 WP No. 58752 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.58752 OF 2017 (S-KSRTC)
BETWEEN:
SRI. M.G.MOHAMMAD TABIB S/O ABDUL GHANI, AGED ABOUT 64 YEARS, R/AT NO.2274, 1ST CROSS, 1ST PHASE, NEAR CHAMUNDI TEMPLE, RAJEEV NAGAR, MYSORE - 570 019.
…PETITIONER
(BY SRI. K.SRINIVAS., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. H.R.RENUKA., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING IMPUGNED ENDORSEMENT, BEARING NO.KST/MUS/EST/E-1-1883/16-17, DATED 19.09.2016, ISSUED BY THE 2ND RESPONDENT VIDE
NC: 2023:KHC:39504 WP No. 58752 of 2017
ANNEXURE-P AND ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 01.06.2016 AS PER ANNEXURE-N AND TO ACCEPT THE VOLUNTARY RESIGNATION OF THE PETITIONER UNDER CIRCULAR NO.1429 AND CONSEQUENTLY TO GRANT ALL THE MONITORY BENEFITS THAT ACCRUE TO THE PETITIONER AS PER THE ABOVE CIRCULAR BEARING NO.1429 AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.K.Srinivas., learned counsel for the petitioner and Smt.H.R.Renuka., learned counsel for the respondents have appeared in person.
respondents have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care.
The order passed by this Court in W.P.No.65082/2016 is furnished in the Writ Petition and the same is at Annexure-Q. I have perused the same with utmost care. A perusal of the same would reveal that the Writ Petition was dismissed as withdrawn. Having withdrawn the Writ Petition, the petitioner has once again questioned the same endorsement in the present Writ Petition. In an earlier Writ Petition, the liberty was not reserved. The petitioner has failed to substantiate the maintainability of the Writ Petition. Therefore, the Writ Petition is devoid of merits and the same is liable to be dismissed.
5. Accordingly, the Writ Petition is dismissed .
TKN
List No.: 1 Sl No.: 10
Sd/JUDGE
2 issues framed by the court
Whether the writ petition challenging the endorsement dismissing the voluntary resignation is maintainable after being previously dismissed as withdrawn.
Whether the petitioner has substantiated the maintainability of the writ petition.
1 provisions across 1 enactments
Sri. M.G.Mohammad Tabib
The Director (P & E), KSRTC
The Divisional Controller, K.S.R.T.C.
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
