Dismissed¶42

National Institute of Mental Health and Neurosciences (Nimhans) v. Sri. Shivakumar L H

Karnataka HC14 Aug 2025WP/17496/2024

Case brief

AI extract

What is this about?

Dismissal of writ petition as withdrawn; NIMHANS v. Shivakumar L.H.; Articles 226 and 227 Constitution of India; Central Administrative Tribunal Bangalore Bench; OA No.170/468/2022; order dated 21/09/2023; charge sheet dated 9.9.2022; undertaking dated 07-08-2025; memo dated 11.08.2025; not pressed; S.G. Pandit; K.V. Aravind; Karnataka High Court.

What did the court decide?

Leave to withdraw the writ petition granted; petition dismissed as withdrawn without adjudication on merits. ¶42

National Institute of Mental Health and… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:31449-DB WP No. 17496 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF AUGUST, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE S.G.PANDIT

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AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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WRIT PETITION No. 17496 OF 2024 (S-CAT)

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BETWEEN:

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NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES (NIMHANS), HOSUR ROAD, BANGALORE MILK DAIRY, BANGALORE 560029 REPRESENTED BY ITS DIRECTOR, DR PRATHIMA MURTHY

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…PETITIONER

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(BY SRI K. PRABHAKAR RAO, ADVOCATE)

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Digitally signed by VALLI MARIMUTHU

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Location: HIGH COURT OF KARNATAKA

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AND:

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SRI. SHIVAKUMAR L. H., S/O LATE HANUMAIAH, HOSPITAL ASSISTANT, DEPARTMENT OF NEURO ANESTHESIA, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES (NIMHANS), HOSUR ROAD, BANGALORE MILK DAIRY, BANGALORE 560029.

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…RESPONDENT

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(BY SMT. APOORVA BASAVARADDER, ADVOCATE FOR SRI M.K. PRITHVEESH, ADVOCATE FOR C/R1)

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NC: 2025:KHC:31449-DB WP No. 17496 of 2024

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 21/09/2023 PASSED IN OA No.170/468/2022 BY HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH (ANNEXURE-C).

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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 S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

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Sri. K. Prabhakar Rao, learned counsel for the

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petitioner and Smt. Apoorva Basavaradder, learned counsel for Sri. M. K. Prithveesh, learned counsel for caveator respondent No.1 are present.

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Memo dated 11.08.2025 is filed by learned

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counsel for the petitioner seeking leave to withdraw the writ petition. Memo reads as follows:

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"The Petitioner's Institute initiated disciplinary proceedings against the Respondent vide charge sheet dated 9.9.2022. Disciplinary proceedings are under challenge before this Hon'ble Court against the Respondent. When the proceedings are pending, the Respondent has given representation to the Petitioner by way of an undertaking that the Petitioner will not repeat the acts of misconduct

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3 - NC: 2025:KHC:31449-DB WP No. 17496 of 2024

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HC-KAR

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mentioned in the above charge sheet in future and expressed regret for the incident relating to the charge sheet dated 9.9.2022. The copy of the undertaking dated 07-08-2025 given by the Respondent is herewith produced as Annexure-A. The Petitioner has considered the representation of the Respondent on the condition that the Respondent will not repeat in future the acts of misconduct mentioned in the charge sheet dated 9.9.2022.

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The Petitioner in view of the representation dated 07-08-2025 of the Respondent, prays that this Hon'ble Court be pleased to dispose of the above Writ Petition as not pressed in the interest of justice."

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3. Learned counsel for the respondent would not

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dispute the representation submitted by the respondent as

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indicated in the memo.

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