Disposed

Smt Bharati D/O H S Patil v. Dharmasthala Manjunatheshwar Education

Karnataka HC24 Jun 2024WA/100382/2023

Case brief

AI extract

What is this about?

In two writ appeals filed under Section 4 of the Karnataka HC Act, 1961, the High Court dismissed them as infructuous. The court noted that after its remand, the respondent institutions conducted enquiries and issued fresh orders of dismissal, rendering the impugned orders devoid of substance.

What did the court decide?

Both writ appeals are dismissed as infructuous.

Smt Bharati D/O H S Patil Vs Dharmasthala… — Service and Employment | Karnataka HC (2024)

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- 1 - NC: 2024:KHC-D:8472-DB WA No. 100330 of 2023 C/W WA No. 100382 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR JUSTICE S G PANDIT

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA WRIT APPEAL NO.100330 OF 2023 (LR)

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C/W

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WRIT APPEAL NO.100382 OF 2023

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IN WRIT APPEAL NO.100330 OF 2023

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BETWEEN:

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SMT. BHARATI D/O. H.S. PATIL, AGE. 51 YEARS, OCC. ASST. LIBRARIAN, R/O. H.NO. 71, C.B. NAGAR, TQ. AND DIST. DHARWAD.

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APPELLANT

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(BY SRI ANANT P.SAVADI, ADVOCATE)

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AND:

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Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA

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DHARMASTHALA MANJUNATHESHWAR EDUCATION SOCIETY, UJIRE, DIST. DAKSHIN KANNADA REP. BY ITS SECRETARY, DR. B. YASHOVARMA, AGE: 61 YERS, OCC. SECRETARY OF SDME SOCIETY, UJIRE D.K.

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SDME SOCIETY (DHARWAD UNIT), DHAVAL NAGAR, DHARWAD, SATTUR, REP.BY ITS SECRETARY, DIST. DHARWAD-02.

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SDM COLLEGE OF ENGINEERING AND TECHNOLOGY, DHAVALAGIRI, DHARWAD, DIST. DHARWAD, REP. BY ITS PRINCIPAL.

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RESPONDENTS

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(BY SRI K.L. PATIL, ADVOCATE FOR C/R2)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE

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NC: 2024:KHC-D:8472-DB WA No. 100330 of 2023 C/W WA No. 100382 of 2023

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COURT TO, SET ASIDE THE ORDER PASSED BY THE SINGLE JUDGE COMMON IN W.P.107418/2017 BE KINDLY BE SET ASIDE TO MEET THE ENDS OF JUSTICE AND ETC.,

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IN WRIT APPEAL NO.100382 OF 2023

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BETWEEN:

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SMT. BHARATI D/O. H.S. PATIL, AGE. 51 YEARS, OCC. ASST. LIBRARIAN, R/O. H.NO. 71 C.B. NAGAR, TQ AND DIST. DHARWAD.

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APPELLANT

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(BY SRI ANANT P.SAVADI, ADVOCATE)

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AND:

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DHARMASTHALA MANJUNATHESHWAR EDUCATION SOCIETY, UJIRE, DIST. DAKSHIN KANNADA REP. BY ITS SECRETARY, DR. B. YASHOVARMA, AGE. 61 YEARS, OCC. SECRETARY OF SDME SOCIETY, UJIRE, D.K.

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SDM COLLEGE OF ENGINEERING AND TECHNOLOGY, SATTUR, DIST. DHARWAD, REP. BY ITS PRINCIPAL, DR. S.B. VANAKUDRE, AGE. 57 YEARS, OCC. SDM COLLEGE OF ENGINEERING AND TECHNOLOGY, SATTUR, DIST. DHARWAD.

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RESPONDENTS

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(BY SRI K.L. PATIL, ADVOCATE FOR C/R1)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, SET ASIDE THE ORDER PASSED BY THE SINGLE JUDGE COMMON IN W.P.NO.107870/2017, DATED 23.02.2023 BE KINDLY BE SET ASIDE TO MEET THE ENDS OF JUSTICE AND ETC.,

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THESE WRIT APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, S G PANDIT, J., PASSED THE FOLLOWING:

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NC: 2024:KHC-D:8472-DB WA No. 100330 of 2023 C/W WA No. 100382 of 2023

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ORDER

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There is no representation for the appellant.

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Sri.K.L. Patil, learned counsel for caveator/respondent no.2 is present. Learned counsel submits that memo dated 28.08.2023 is filed enclosing order of dismissal passed by the respondent-institution subsequent to remand of the matter by conducting fresh enquiry.

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On perusal of memo dated 28.08.2023 it is seen that respondent-institution upon remand of the matter by this Court conducted enquiry and based on the enquiry report, passed order of dismissal dated 25.08.2023.

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Submission of the learned counsel as well as the memo is placed on record. Both the writ appeals are dismissed as having rendered infructuous. It is open for the appellant to challenge the order of dismissal before the appropriate forum.

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Sd/JUDGE

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Sd/JUDGE

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BVV/List No.: 1 Sl No.: 4

Smt Bharati D/O H S Patil v. Dharmasthala Manjunatheshwar Education

Case brief

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What did the court decide?

Smt Bharati D/O H S Patil v. Dharmasthala Manjunatheshwar Education

Case brief

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What did the court decide?

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