Petition challenged an order placing the petitioner under compulsory leave. The University filed a memo withdrawing the compulsory leave order and restituting the petitioner. The petition was disposed of as not surviving, with liberty reserved for the petitioner to seek reposting as in-charge principal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2796 OF 2024 (S-RES)
BETWEEN:
DR. H.C. DEVARAJEGOWDA, S/O LATE CHIKKEGOWDA, AGED ABOUT 59 YEARS WORKING AS PRINCIPAL (IN-CHARGE), YUVARAJAS COLLEGE, UNIVERSITY OF MYSORE, MYSURU, RESIDING AT NO. 6460, 4TH STAGE, 2ND PHASE, VIJAYANAGARA, MYSURU – 570 032.
…PETITIONER
(BY SRI. M.S. RAJGOPAL, SENIOR ADVOCATE FOR SRI. KASHINATH J.D, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. B. SUKANYA BALIGA, AGA FOR R2; SRI. RAJENDRA KUMAR SUNGAY T.P, ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE ORDER BEARING V.V.ORDER NO.ET12/161/2017-18 DATED 17.01.2024 ISSUED BY THE RESPONDENT UNIVERSITY ALSO CALL FOR THE DEATH NOTE REFERRED AT REFERENCE NO.1 IN THE IMPUGNED ORDER DATED 17.01.2024 AND ETC.,
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed assailing the order dated 17.01.2024, issued by respondent No.1/University, wherein the petitioner is placed under compulsory leave.
university has filed a memo and placed on record the modified order. Referring to the modified order, he would point out that the petitioner is restituted back to the department and the compulsory leave order, which is the subject matter of the captioned petition is withdrawn.
NC: 2024:KHC:9761 WP No. 2796 of 2024
petition does not survive for consideration. Accordingly , stands disposed of .
Learned Senior counsel, however, at this juncture would bring to the notice of this Court that the petitioner, before he was sent on compulsory leave, was in charge principal of the college. The said statement is countered by the learned counsel for respondent No.1/University, who submits that interim arrangement is made and a competent eligible person is appointed as the in charge principal.
Liberty is reserved to the petitioner to seek reposting as in-charge principal. If such a representation is made, respondent No.1/University shall examine the
representation and pass appropriate orders within a period of four weeks.
HDK
Sd/JUDGE
1 issue framed by the court
Was the compulsory leave order issued by the University valid given that it was subsequently withdrawn and the petitioner restituted to service?
1 provisions across 1 enactments
Dr. H.C. Devarajegowda
The University of Mysore
State of Karnataka, Department of Higher Education (Universities)
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
