Allowed

A S Mallikarjunaswamy M.Sc., M.Phil., v. the Principal Secretary of the Govt of Karnataka

Karnataka HC28 Aug 2024WP/18893/2021

Case brief

AI extract

What is this about?

Petitioner challenged prolonged delay in furnishing a three-man committee report regarding salary grant allegations. Court directed respondents to provide the report and consider alleged irregularities within specified timelines.

What did the court decide?

Direction to furnish the three-man committee report within one month and to consider petitioner's allegations and pass appropriate orders within three months.

A S Mallikarjunaswamy M.Sc., M.Phil., Vs the Principal… — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:35363 WP No. 18893 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 18893 OF 2021 (S-RES)

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BETWEEN:

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A S MALLIKARJUNASWAMY M.SC., M.PHIL., S/O LATE S SIDDAPPA, AGED ABOUT 46 YEARS, MARIMALLAPPA PU COLLEGE, SEETHA VILASA ROAD, K R MOHALLA, MYSURU - 570 004.

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…PETITIONER

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(BY SRI A. S. MALLIKARJUNASWAMY, PARTY-IN-PERSON)

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AND:

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THE PRINCIPAL SECRETARY OF THE

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

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GOVT OF KARNATAKA, DEPT. OF PRIMARY AND SECONDARY EDUCATION, M S BUILDING, BENGALURU - 560 001.

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THE DIRECTOR,

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DEPT OF PRE UNIVERSITY OF EDUCATION, 18TH CROSS, MALLESWARAM, BENGALURU - 560 012.

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…RESPONDENTS

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(BY SRI S. T. NAIK, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT

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2 - NC: 2024:KHC:35363 WP No. 18893 of 2021

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THE R-1 AND 2 FOR SUBMISSION OF THE THREE MAN COMMITTEE REPORT AND ACTIN TAKEN IN REGARD TO THE ALLEGATIONS LEVELED BY THE PETITIONER (VIDE ANNEXUREB PAGE NO.12) THEREFORE THIS ISSUE IS PENDING CLEARANCE SINCE 25.10.2018 (i.e FOR THE LAST THREE YEARS) 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 is before this Court seeking direction to the respondent Nos.1 and 2 for submission of the three man committee report and the action taken regarding the allegations made by him in his representation dated 25.10.2018.

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The petitioner contends that he was a full-time lecturer in physics at Marimallappa PU College, Mysuru from 2001. He contends that a 11 lecturers were identified for admitting them to salary grant on 09.11.2009 which was forwarded to respondent No.1 by the Deputy Director, Pre University and JOC, Mysore District. The said list contained the

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name of the petitioner. However, later the name of the petitioner was excluded and the names of others were included,

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3 - NC: 2024:KHC:35363 WP No. 18893 of 2021

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which compelled the petitioner to submit a representation before the Hon’ble Chief Minsiter on 25.10.2018. Following this, the Hon’ble Chief Minister marked the representations of the petitioner to the respondent No.1, who constituted a three man committee to enquire into the allegations made by the petitioner. He submits that the three man committee submitted its report, which was not furnished to the petitioner, despite applications under the Right to Information Act, 2005 and by representation dated 22.03.2021. The petitioner contends that his representation is not considered till date. Therefore, the petitioner seeks appropriate directions to the respondents to consider his representations.

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The petitioner, who appeared in person, submits that, as a result of a mistake, he is deprived of the salary grants. Therefore, he prays that suitable directions be issued to the respondents.

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Learned Additional Government Advocate on the

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other hand submitted that if the petitioner has submitted representations to secure copy of the report of the three man

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4 - NC: 2024:KHC:35363 WP No. 18893 of 2021

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committee, the same would be considered in accordance with law and a suitable order would be passed.

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If the petitioner had submitted representation dated 22.03.2021 seeking for a copy of the report of the three man committee, the respondents are bound to consider the same and furnish a copy. If the three man committee found truth in the allegations made by the petitioner in his representation dated 25.10.2018, the respondents are bound to spring in action and the suitable remedial measures. The respondents must realize that they are servants of public entrusted with solemn duty to serve them in accordance with law. They cannot abdicate their public duty, which could disentitle them from continuing in office as public servants.

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Consequently, this writ petition is allowed . The respondents are directed to furnish a copy of the three man committee report to the petitioner within one month from the date of receipt of a copy of this order. They shall also consider the allegations made by the petitioner in his representation dated 25.10.2018, in the light of the report of the three man committee and pass appropriate orders and duly intimate the

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NC: 2024:KHC:35363 WP No. 18893 of 2021

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petitioner, which shall be done within three months from the date of receipt of a copy of this order.

Sd/-

(R. NATARAJ)

JUDGE

THM List No.: 1 Sl No.: 4

A S Mallikarjunaswamy M.Sc., M.Phil., v. the Principal Secretary of the Govt of Karnataka

Case brief

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A S Mallikarjunaswamy M.Sc., M.Phil., v. the Principal Secretary of the Govt of Karnataka

Case brief

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