Dismissed

Sri. S H Gopal S/O Sri Huchappa v. the State of Karnataka

Karnataka HC1 Aug 2024WP/11138/2011

Case brief

AI extract

What is this about?

A compulsorily retired hostel warden sought a mandamus to consider his representations for sanction to prosecute government officials who allegedly furnished false documents in contempt proceedings before the Administrative Tribunal. The Court held such grievances must be raised in appropriate proceedings, not by representations, and dismissed the writ petition.

What the court decided

AI extract

Sri. S H Gopal S/O Sri Huchappa Vs the State of… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:30458 WP No. 11138 of 2011

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 11138 OF 2011 (S-RES)

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BETWEEN:

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Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

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SRI. S.H. GOPAL S/O SRI. HUCHAPPA, AGED ABOUT 51 YEARS, HOSTEL WARDEN, (UNDER ORDER OF COMPULSORY RETIREMENT) R/AT NO.8, 4^TH CROSS, AGRAHARA DASARAHALLI, BANGALORE-560079 ADDRESS FOR SERVICE: PARTY IN PERSON S.H.GOPAL, NO.8, 4^TH CROSS, AGRAHARA DASARAHALLI, BANGALORE-560079 …PETITIONER (BY SRI. S.H. GOPAL, PETITIONER, PARTY-IN-PERSON)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BANGALORE-560001

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THE COMMISSIONER SOCIAL WELFARE DEPARTMENT,

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2 - NC: 2024:KHC:30458 WP No. 11138 of 2011

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M.S.BUILDING, BANGALORE-560001

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…RESPONDENTS

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(BY SRI. GOPALAKRISHNA SOODI, ADDITIONAL GOVERNMENT ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER ON 12.04.2010 AND 26.04.2010 AS ANNEXURE 'F' AND ANNEXURE 'F(1)' AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner has sought for a writ in the nature of mandamus to consider his representations dated 12.04.2010 and 26.04.2010 by which, he sought sanction to prosecute the officials of the respondents.

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The petitioner filed an application before the Karnataka State Administrative Tribunal in application No.1441/2007 which was disposed off in terms of an order dated 12.03.2007.

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3 - NC: 2024:KHC:30458 WP No. 11138 of 2011

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The petitioner claims that the order of the tribunal was not complied which compelled him to file contempt application No.160/2007 before the Tribunal which was dropped in terms of the order dated 28.09.2007. The petitioner alleged that the concerned official had furnished false information before the tribunal and furnished false documents, as a result of which, the tribunal dropped the contempt proceedings. The petitioner therefore, submitted representations to the respondent Nos.1 and 2 stating that the false submissions made before the contempt Court had resulted in pecuniary loss to him. He therefore, sought for sanction to prosecute the officials of the respondents in terms of his two representations dated 12.04.2010 and 24.06.2010. The petitioner contends that his representations were not considered and is therefore before this Court.

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If the petitioner was aggrieved by the documents furnished by the respondents in the contempt petition, and or that the said documents were false, it was incumbent upon the petitioner to establish before the Court in an appropriate proceedings and certainly not by filing representations before the respondents.

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NC: 2024:KHC:30458 WP No. 11138 of 2011

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In that view of the matter, there is no merit in this

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petition warranting direction to be issued to the respondents to consider the representations. Hence, the petition lacks merits

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and is dismissed.

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Sd/-

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(R. NATARAJ) JUDGE

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List No.: 1 Sl No.: 12

Sri. S H Gopal S/O Sri Huchappa v. the State of Karnataka

Case brief

What is this about?

What the court decided

Sri. S H Gopal S/O Sri Huchappa v. the State of Karnataka

Case brief

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