Dismissed

H.D. Shivaram S/O H.D. Eranna v. Branch Manager

Karnataka HC6 Aug 2024WP/113570/2019

Case brief

AI extract

What is this about?

LIC employee challenged communication advising payment of alleged financial loss after departmental punishment and appeal. Since the memorial rejection was already under challenge in another pending writ petition, the court dismissed this petition as infructuous.

What did the court decide?

Petition dismissed as infructuous; liberty reserved to both parties to urge contentions in W.P.No.101231/2023.

H.D. Shivaram S/O H.D. Eranna Vs Branch… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:11126 WP No. 113570 of 2019

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO.113570 OF 2019(S-RES)

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BETWEEN:

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H.D. SHIVARAM S/O. H.D. ERANNA, AGED ABOUT: 52 YEARS, OCC: LIC EMIPLOYEE, R/O: DOOR NO.48/A, WARD NO.22, RADIO PARK MAIN ROAD, OPP TO MADARASA, COWL BAZAAR, BALLARI – 583 102.

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…PETITIONER

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(BY SRI G. NAGARAJ GODE (ABSENT), ADVOCATE)

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AND:

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BRANCH MANAGER, LIC OF INDIA, BRANCH OFFICE-1, BALLARI – 583 102.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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SENIOR DIVISIONAL MANAGER, LIC OF INDIA, DIVISIONAL OFFICER, "JEEVAN PRAKASH" STATION ROAD, RAICHUR – 584 101.

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THE ZONAL MANAGER, LIC OF INDIA, JEEVAN BHAGYAM SYFABAD, SCRETARIAT ROAD, HYDERABAD – 560 063.

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THE CHAIRMAN, LIC OF INDIA, CENTRAL OFFICE, MUMBAI – 400 011.

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…RESPONDENTS

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(BY SMT. SMITHA B.H., ADVOCATE FOR SRI NARAYAN V.YAJI, ADVOCATE FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER

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NC: 2024:KHC-D:11126 WP No. 113570 of 2019

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DATED 19.08.2019 ISSUED BY THE RESPONDENT NO.2 (ANNEXURE-J) AND ETC.

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THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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Heard Smt.Smitha B.H., advocate appearing for Sri Narayan V.Yaji, learned counsel for respondents. None appears for petitioner even today.

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Learned counsel for respondents submitted that present writ petition was filed against communication at Annexure-J dated 19.08.2024. Under said communication, petitioner was ‘advised’ to pay sum of Rs.3,38,471/- stated to be financial loss caused by him, to Life Insurance Corporation. It was submitted that communication at Annexure-J was not an ‘order’.

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It was submitted a Departmental Enquiry was held against petitioner and an order was passed on 27.03.2018 by Senior Divisional Manager, Raichur imposing punishment of reduction of five stages in time scale of pay applicable to his cadre, and for recovery of financial loss of Rs.3,38,471/-. Against said order, petitioner had preferred appeal before Appellate Authority, which came to be dismissed on

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3 - NC: 2024:KHC-D:11126 WP No. 113570 of 2019

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27.09.2018. Against order of Appellate Authority, petitioner had preferred Memorial on 28.11.2018. It was submitted, Chairman of Corporation rejected memorial on 29.01.2020. Said order was challenged in W.P.no.101231/2023 before this Court, which was pending consideration. In view of pendency of said writ petition and subject matter of present writ petition being part of said petition, present writ petition would not survive for consideration.

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I find sufficient force in submission of learned counsel for respondents. Submissions are in tune with contents of I.A.no.1/2020, filed for vacating stay by respondents. No objections are filed against said application as well.

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In view of above, present writ petition is dismissed as having become infructuous reserving liberty to both parties to urge all contentions in pending writ petition.

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Sd/(RAVI V.HOSMANI) JUDGE

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CLK CT-ASC

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List No.: 1 Sl No.: 42

H.D. Shivaram S/O H.D. Eranna v. Branch Manager

Case brief

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H.D. Shivaram S/O H.D. Eranna v. Branch Manager

Case brief

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