Partly allowed

Dr Amit P v. Shivamogga Institute of Medical Sciences

Karnataka HC5 Apr 2024WP/4191/2021

Case brief

AI extract

What is this about?

A senior resident was denied promotion to Assistant Professor because criminal proceedings were pending against him. The High Court quashed the denial endorsement, ordered his promotion subject to the outcome of the criminal proceedings, with implementation within six weeks.

What did the court decide?

Impugned endorsement quashed; respondent directed to promote petitioner to Assistant Professor, ENT Department, subject to outcome of criminal proceedings, within six weeks.

Dr Amit P Vs Shivamogga Institute of Medical Sciences — Service and Employment | Karnataka HC (2024)

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1 - NC: 2024:KHC:14309 WP No. 4191 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4191 OF 2021 (S-RES)

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BETWEEN:

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DR AMIT P S/O PRAKASH AGED ABOUT 43 YEARS, WORKING AS SENIOR RESIDENT ENT DEPARTMENT, SIVAMOGGA INSTITUTE OF MEDICAL SCIENCES SHIVAMOGGA TOWN-577201 SHIVAMOGGA

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…PETITIONER

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(BY SRI. PRUTHVI WODEYAR, ADVOCATE)

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AND:

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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SHIVAMOGGA INSTITUTE OF MEDICAL SCIENCES SHIVAMOGGA TOWN SHIVAMOGGA 5277 201 REPRESENTED BY ITS DIRECTOR …RESPONDENT (BY SRI. S B TOTAD, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRYAING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE RESPONDENT VIDE BEARING NO.SIMS/EST/PFIL/107/2020/EST-ISIMS-SMG DTD.3.9.2020 AS PER ANNEXURE-A AS ILLEGAL AND ETD.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC:14309 WP No. 4191 of 2021

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ORDER

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The captioned petition is filed by the petitioner feeling aggrieved by the endorsement issued by the respondent vide bearing No.SIMS/EST/PFIL/107/2020/EST-ISIMS-SMG dated 03.09.2020 as per Annexure-A and thereby declining promotion to the petitioner on the ground that criminal proceedings are pending against the petitioner. Consequently, mandamus is sought to issue appropriate directions to the respondent to consider petitioner’s promotion to the post of Assistant Professor at ENT Department of the respondent-Institution.

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Heard learned counsel for the petitioner and learned counsel for the respondent.

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Learned counsel for the respondent, on instructions, submits that criminal proceedings are stayed by this Court in a petition filed by the petitioner in Crl.P.No.8930/2023. The only objection that is raised by the learned counsel for the respondent is that the

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3 - NC: 2024:KHC:14309 WP No. 4191 of 2021

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respondent-Institution is willing to consider petitioner’s promotion subject to petitioner giving an unconditional undertaking that his promotion would be subject to outcome of the criminal proceedings.

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In response to the submission made by the

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counsel for the respondent, learned counsel for the petitioner submits that his client is ready to give an unconditional undertaking in the manner sought by the respondent.

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In the light of submission made by the learned

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counsel on record, this Court proceeds to pass the following:

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ORDER

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(i) The writ petition is allowed in part;

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(ii) The impugned endorsement dated 03.09.2020 issued by the respondent vide Annexure-A is hereby quashed;

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NC: 2024:KHC:14309 WP No. 4191 of 2021

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(iii) The respondent is hereby directed to promote the petitioner to the post of Assistant Professor at ENT Department;

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(iv) It is made clear that petitioner’s promotion to the post of Assistant Professor will be subject to outcome of criminal proceedings;

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(v) This order shall be implemented by the respondent within a period of six weeks from the date of receipt of copy of this order;

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(vi) Pending I.As., if any, do not survive for consideration and stands disposed of.

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Sd/JUDGE

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CA List No.: 1 Sl No.: 28

Dr Amit P v. Shivamogga Institute of Medical Sciences

Case brief

What is this about?

What did the court decide?

Dr Amit P v. Shivamogga Institute of Medical Sciences

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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