Dismissed

A.N. Narasimhaiah v. Executive Officer

Karnataka HC10 Jun 2024WP/36889/2013

Case brief

AI extract

What is this about?

The court rejected a writ petition filed by a former Bill Collector challenging his termination. The court observed that the petitioner remained silent for over ten years after the 2002 termination order, barring any remedy due to the doctrine of laches. WP dismissed.

What did the court decide?

The writ petition stands rejected; the petitioner is non-suited on the ground of laches for remaining silent for over a decade.

A.N. Narasimhaiah Vs Executive Officer — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:20052 WP No. 36889 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 36889 OF 2013 (S-RES)

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BETWEEN:

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A.N. NARASIMHAIAH

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AGED ABOUT 53 YEARS, S/O NARAYANAPPA, R/AT AGALAGURKI VILLAGE AND POST, CHIKKABALLAPUR TALUK AND DIST.

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…PETITIONER

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(BY SRI. RAVI PRAKASH V.,ADVOCATE)

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AND:

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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EXECUTIVE OFFICER TALUK PANCHAYATH, CHIKKABALLAPUR TALUK, CHICKABALLAPUR DIST - 562 103.

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CHAIRMAN AGALAGURKI GRAMA PANCHAYATH, AGALAGURKI, CHIKKABALLAPUR TALUK,

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CHIKKABALLAPUR DIST - 562 103.

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THE SECRETARY AGALAGURKI GRAMA PANCHAYATH, AGALAGURKI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DIST 562103.

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NC: 2024:KHC:20052 WP No. 36889 of 2013

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CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, CHIKKABALLAPUR - 562101.

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…RESPONDENTS

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(BY SRI. B J SOMAYAJI, ADVOCATE FOR R1 TO R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS LEADING TO PASSING OF ORDER OF TERMINATION DATED 16.10.2002 PASSED BY THE SECOND RESPONDENT VIDE ANNEXURE-F.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is appointed as a Bill Collector by Agalagurki Grama Panchayat, Chikkaballapur Taluk in the year 1987, and he is initially kept under suspension because of the allegations of unauthorized absence and misappropriation of funds. The petitioner’s case is that without considering his representation for subsistence allowance, the second respondent has terminated his service.

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NC: 2024:KHC:20052 WP No. 36889 of 2013

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If Sri V Raviprakash, the learned counsel for the petitioner, relying upon these assertions, contends that the Appellate Authority while considering the petitioner's appeal as against such decision consequent to this Court's Order dated 18.06.2012 in the writ petition in W.P. No. 18084/2012 has not considered these circumstances, Sri B J Somayaji, the learned counsel for the second respondent, submits that this Court may not grant any indulgence for the petitioner for the following reasons:

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[a] that the petitioner was only employed on temporary basis and that too without necessary approval as is contemplated under the Karnataka Grama Swaraj and Panchayatraj Act, 1993;

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[b] that upon verification that the petitioner did not possess the prescribed qualification, a decision is taken to relieve him from duty;

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4 - NC: 2024:KHC:20052 WP No. 36889 of 2013

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[c] that though such decision is taken in the year 2002, the petitioner after filing the writ petition in W.P. No. 18084/2012 [ten years later] has filed the appeal contending that liberty is reserved to him to work out his remedies.

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This Court is of the considered opinion that if the decision is taken in the year 2002, and if the petitioner has kept silent for over a decade, the latches are writ large, and the petitioner must be non-suited on that ground alone. The petitioner cannot resurrect a dispute after ten years. Hence, the petition stands rejected accordingly.

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AN/-

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SD/JUDGE

A.N. Narasimhaiah v. Executive Officer

Case brief

What is this about?

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A.N. Narasimhaiah v. Executive Officer

Case brief

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