Karnataka High Court
Sri Mahanthesha M vs Bengaluru Water Supply And Sewerage ... on 24 July, 2024
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NC: 2024:KHC:29034-DB
WA No. 1383 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO. 1383 OF 2023 (S-RES)
BETWEEN:
1. SRI MAHANTHESHA M
AGED ABOUT 39 YEARS,
S/O SRI MALLAPPA
R/AT A.K. COLONY,
TURVANUR VILLAGE AND POST,
CHITRADURGA TALUK AND DISTRICT.
...APPELLANT
(BY SRI S. THYAGARAJA, ADVOCATE)
AND:
1. BENGALURU WATER SUPPLY AND SEWERAGE BOARD
Digitally 1ST FLOOR, CAUVERY BHAVAN,
signed by K.G. ROAD
PRABHAKAR BENGALURU - 560 009
SWETHA REPRESENTED BY ITS
KRISHNAN CHAIRMAN AND APPOINTMENT AUTHORITY
Location: ...RESPONDENT
High Court of (BY SRI B.L. SANJEEV, ADVOCATE)
Karnataka
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO CALL FOR
RECORDS PERTAINING TO W.P.No.1553/2022, PERUSE THE SAME
AND SET ASIDE THE ORDER DATED 22.06.2023 PASSED BY THE
LEARNED SINGLE JUDGE, IN W.P.No.1553/2022 AND
CONSEQUENTLY ALLOW THE WRIT PETITION AS PRAYED WITH
COSTS AND GRANT SUCH OTHER ORDER, RELIEF AS DEEMED
FIT IN THE FACTS AND CIRCUMSTANCES OF THIS WRIT APPEAL.
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NC: 2024:KHC:29034-DB
WA No. 1383 of 2023
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N.V. ANJARIA
and
HON'BLE MR. JUSTICE K.V. ARAVIND
ORAL JUDGMENT
(PER : HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA) Heard learned advocate Mr. S. Thyagaraja for the appellant and learned advocate Mr. B.L. Sanjeev for the respondent.
2. The challenge in this writ appeal is directed against the judgment and order dated 22.06.2023 of learned Single Judge, whereby learned Single Judge taking into account the pendency of the criminal case in Crime No.86 of 2021 before the competent criminal court, refused to entertain the writ petition of the petitioner observing that the parties shall endeavour before the competent criminal court for early disposal of the said criminal case. It was further observed that the petitioner has already been relieved from office as per the order dated 06.01.2022.
3. In the background, it was a case put forth by the petitioner that pursuant to an invite of applications by the respondent-the -3- NC: 2024:KHC:29034-DB WA No. 1383 of 2023 Bengaluru Water Supply and Sewerage Board, the petitioner applied for the post of Assistant, whose name figured as selected candidate under the Schedule Caste category. In support of the caste status, the petitioner produced Educational Certificates issued by Dr. C.V.Raman University, Chhattisgarh, where from the petitioner had graduated.
3.1 It appears that in the process of verification of genuineness and confirmation of the certificates, the respondent-Board doubted the veracity thereof since the same was furnished in Hindi and English language. It was stated that the respondent-Board had made correspondence to the said Dr. C.V.Raman University seeking confirmation. The respondent-Board came to the conclusion that the petitioner had misled and cheated the Board for the purpose of gaining employment.
3.2 The Board lodged forgery complaint before the Police Station concerned on 24.05.2021 against the petitioner. The police had registered Crime No.86 of 2021 alleging the offences under Sections 420, 465, 468 and 471 of Indian Penal Code, 1860. -4-
NC: 2024:KHC:29034-DB WA No. 1383 of 2023 3.3 The said criminal proceedings are pending. It was stated that in the said criminal proceedings, the police initially filed 'C' summary report. However, the respondent-Board has filed the protest petition before the competent criminal court.
4. The prayer in the writ petition was to set aside the memorandum dated 06.01.2022, whereby the appointment of the petitioner was cancelled on the ground of production and genuine certificate. The petitioner further prayed to confirm the appointment.
5. When the criminal proceedings are pending in relation to certification of the petitioner which was the foundation for securing the employment, the order of learned Single Judge in not giving relief to the petitioner at this stage and disposing of the writ petition by observations as above including to dispose of the criminal case expeditiously could hardly be faulted.
6. No ground is made out to interfere with the judgment and order of learned Single Judge.
7. The appeal stands meritless and is dismissed. -5-
NC: 2024:KHC:29034-DB WA No. 1383 of 2023 In view of dismissal of the appeal, the interlocutory applications would not survive and they stand accordingly disposed of.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K V ARAVIND) JUDGE KPS List No.: 1 Sl No.: 20