A writ petition challenging an enquiry entrustment order, charge memo and Upa Lokayukta recommendation of compulsory retirement became moot because the employer imposed final punishment of withholding four annual increments with cumulative effect during pendency. The court disposed of the petition as no longer surviving.
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NC: 2024:KHC:41595-DB WP No. 12470 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2024 PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 12470 OF 2021 (GM-KLA)
BETWEEN:
SRI A M SHANKAR S/O LATE MADA @ MADAIAH AGED ABOUT 41 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELE) HANUR SUB-DIVISION, T NARASIPURA, MYSURU DISTRICT, R/A NO.4A/551 GIRIDARSHINI LAYOUT, ALANAHALLI MYSURU - 570 028.
…PETITIONER
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
(BY SMT. JHANAVI, ADV. FOR SRI. CHANDRAKANTH R GOULAY, ADV. (VC))
AND:
MYSURU - 570 028.
…RESPONDENTS
(BY SRI. ARIHANT R SUNGAY, ADV. FOR SMT. SUMANA NAGANAND, ADV. FOR R1 & R2 SRI RAJESH C., ADV. FOR
SRI VENKATESH S ARABATTI, ADV. FOR R3 & R4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS AND A) QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN ORDER BEARING NO.KA.VI.PRA.NN/B21/3616/2014-15 DATED 16/04/2016 ISSUED BY RESPONDENT NO.1, AS PER ANNEXURE-C AND THE CHARGE MEMO BEARING NO.DE/UPALOKAYUKTA-2/DE-111/2016/ARE-11 DATED 03/09/2016 ISSUED BY THE 4TH RESPONDENT AS PER ANNEXURE-D ALONG WITH THE RECOMMENDATION OF THE LOKAYUKTA VIDE ANNEXURE-F DATED 09/06/2020, AS ARBITRARY ILLEGAL AND VOID AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT AND
HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
NC: 2024:KHC:41595-DB WP No. 12470 of 2021
ORAL ORDER
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
Heard learned counsel Smt.Jhanavi for learned
counsel Sri.Chandrakanth R Goulay, learned counsel for the petitioner; Sri.Arihant R Sungay learned counsel for Smt.Sumana Naganand, learned counsel for respondents No.1 and 2 and Sri.Rajesh C., learned counsel for Sri.Venkatesh S.Arbatti, learned counsel for respondents No.3 and 4.
to the second show-cause notice, respondents No.1 and 2 passed order at Annexure-R1 dated 28.03.2023, which is enclosed to the memo dated 15.10.2024, imposing punishment of withholding 4 annual increments with cumulative effect.
NC: 2024:KHC:41595-DB WP No. 12470 of 2021
6. It is open for the petitioner to challenge the final
order dated 28.03.2023 passed by respondents No.1 and 2 imposing punishment before appropriate forum, if he is so aggrieved.
With the above, the writ petition stands disposed of.
Sd/(S.G.PANDIT) JUDGE
Sd/(RAMACHANDRA D. HUDDAR)
JUDGE
MPK CT:bms List No.: 1 Sl No.: 9
1 issue framed by the court
Whether the writ petition challenging the enquiry entrustment, charge memo and Upa Lokayukta punishment recommendation survives after a final punishment order was passed during its pendency.
1 provisions across 1 enactments
Sri A M Shankar
The Karnataka Power Transmission Company Limited
The Director Chamundeshwari Electrical Co
The Registrar Karnataka Lokayukta
The Dy. Registrar of Enquiries II Karnataka Lokayukta
S.G.Pandit
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
