A petitioner denied certified copies of an enquiry report, penalty order and official memorandum relating to his compulsory retirement sought to quash the rejecting endorsement. The court set aside the endorsement and directed respondent No.2 to furnish the certified copies within three weeks, with liberty reserved to challenge them.
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NC: 2024:KHC:20114 WP No. 6038 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 6038 OF 2024 (GM-RES)
BETWEEN:
SRI RAJENDRA S S/O LATE SHANTHA MURTHY AGED ABOUT 46 YEARS, RESIDING AT NO.970, LIG, 2ND STAGE, YELAHANKA NEW TOWN BANGALORE-560 064.
…PETITIONER
(BY SRI. MOHAN KUMAR N.,ADVOCATE) AND:
Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. K.S. HARISH, AGA FOR R-1 & R-2)
NC: 2024:KHC:20114 WP No. 6038 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER VIDE E-KUME 109 BSI 2023 D. 11.01.2024 ISSUED BY THE UNDER SECRETARY, SERVICES-2, REVENUE DEPARTMENT AT ANNX-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks for the following reliefs:
“i) Issue a writ of certiorari quashing the impugned order vide E-KumE 109 BSI 2023 dated 11.01.2024 issued by the Under Secretary, Services-2, Revenue Department at Annexure-A.
ii) Issue a writ of mandamus, directing the Respondents to consider the application dated 04.09.2023 vide at Annexure-M filed by the petitioner to issue certified copy of the Government Order dated 24.08.2023. iii) Issue a writ of mandamus, directing the Respondents to consider the application dated 04.09.2023 vide at Annexure-N filed by the petitioner to issue certified copy of the enquiry report dated 31.07.2018 and the recommendation letter issued by the Upalokayukta, Karnataka.
iv) To issue such other Writ/Order as this Hon’ble Court deems fit to grant in the circumstances of the case, with cost, in the interest of justice and equity.”
NC: 2024:KHC:20114 WP No. 6038 of 2024
NC: 2024:KHC:20114 WP No. 6038 of 2024
impose the major penalty of compulsory retirement from service against the petitioner vide order dated 24.08.2023 and communicated the same to the petitioner vide Official Memorandum dated 31.08.2023. It is the grievance of the petitioner that though he intends to challenge the aforesaid Enquiry Report dated 31.07.2018, the Penalty Order dated 24.08.2023 and the Official Memorandum dated 31.08.2023, certified/true copies of the same have not been made available to him by the respondentState so far, who have proceeded to issue the impugned endorsement rejecting the request made by the petitioner, who is before this Court by way of present petition.
instructions submits that if reasonable time is granted, the concerned respondents would furnish/provide certified copies of Enquiry Report dated 31.07.2018, the Penalty Order dated 24.08.2023 and the Official Memorandum dated 31.08.2023 to the petitioner, though copies have already been furnished to him.
the limited grievance of the petitioner that he intends to challenge the Enquiry Report dated 31.07.2018, the Penalty Order dated
24.08.2023 and the Official Memorandum dated 31.08.2023 and since the petitioner requires certified/true copies of the said documents, I deem it just and appropriate to dispose of this petition by setting aside the impugned endorsement at Annexure-A dated 11.01.2024 and direct respondent No.2 to furnish/provide the certified copies of the Enquiry Report dated 31.07.2018, the Penalty Order dated 24.08.2023 and the Official Memorandum dated 31.08.2023 in favour of the petitioner within a period of three weeks from today. Immediately after respondent No.2 furnishing the aforesaid certified copies to the petitioner, liberty is reserved in favour of the petitioner to challenge the same, in accordance with law.
BMC
Sd/JUDGE
List No.: 1 Sl No.: 16
1 issue framed by the court
Whether the endorsement rejecting the petitioner's requests for certified copies of the enquiry report, penalty order and official memorandum should be quashed and copies furnished?
2 provisions across 1 enactments
Sri Rajendra S
The State of Karnataka, Department of Revenue
The Under Secretary - Services-2, Department of Revenue
Sri Gopal Krishna
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
