Dismissed fire service employee sought directions to the appellate authority to decide his pending appeal. The court held appellate authorities are duty-bound to dispose of appeals without indefinite delay and issued a mandamus.
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- 1 - NC: 2024:KHC:15867 WP No. 10580 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10580 OF 2024 (S-RES)
BETWEEN:
SRI. R. MOSHANANDAM, S/O LATE KONDAIAH, AGED ABOUT 59 YEARS, WORKED AS ASST. FIRE STATION OFFICER, R/AT NO. 35, AECS LAYOUT, 4TH MAIN, 4TH CROSS, 3RD STAGE, SANJAY NAGAR, BANGALORE - 560 094.
…PETITIONER
(BY SRI. GOWTHAMDEV C. ULLAL, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. B. SUKANYA BALIGA, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO HEAR AND DISPOSE OF THE APPEAL FILED BY THE PETITIONER DATED 26.02.24 VIDE ANNEXURE-A WITHIN A TIME PERIOD FIXED BY THIS HONBLE COURT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned AGA accepts notice for the respondents.
The captioned petition is filed by the petitioner, seeking a mandamus to direct respondent No.2 herein to dispose of the appeal filed by the petitioner on 26.02.2024.
accordingly has approached the appellate authority by filing an appeal. If an appeal is filed, the appellate authority is under bounden duty to address the grievances ventilated by the petitioner in the appeal. Not deciding an appeal also leads to a miscarriage of justice. If appellate authority squats over an appeal without deciding for an indefinite period, an aggrieved party will be left
remediless.
NC: 2024:KHC:15867 WP No. 10580 of 2024
expectation that their cases will be reviewed impartially and expeditiously on appeal. When this expectation is not met, it leads to a sense of injustice and disillusionment.
may be unfairly disadvantaged due to systemic
inefficiencies and delays.
pass the following:
ORDER
ii. Respondent No.2 is hereby directed to examine the grounds urged in the appeal, afford opportunity to the petitioner to address his arguments in support of the grounds urged in the appeal and thereafter, proceed to decide the appeal in accordance with law within an outer limit of three months from the date of receipt of certified copy of this order;
Sd/JUDGE
HDK List No.: 1 Sl No.: 22 CT: BHK
1 issue framed by the court
Whether a mandamus can be issued directing the appellate authority to hear and decide the petitioner's appeal against dismissal within a fixed time frame.
1 provisions across 1 enactments
R. Moshanandam
State of Karnataka, Home Department, by its Principal Secretary
Additional Director General of Police and Additional Director General Karnataka Fire Force and Emergency Services
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
