Karnataka High Court
Channagouda S/O Shantagouda ... vs The State Of Karnataka on 23 March, 2022
Bench: S.Sunil Dutt Yadav, K.S.Hemalekha
-1-
WP No. 101127 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 101127 OF 2022 (S-KAT)
BETWEEN:
CHANNAGOUDA S/O SHANTAGOUDA KONNUR
AGE. 40 YEARS,OCC. PRESENTLY WORKING AS
VILLAGE ACCOUNTANT, CHIKKADAPUR
TQ. ILKAL, R/O.GUDUR
TQ. HUNAGUND, DIST. BAGLAKOT
PIN CODE. 587202
...PETITIONER
(BY SRI. P.P. HEGDE, SR. COUNSEL FOR SRI. VIJAY K NAIK,
ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE (SERVICES-2)
M.S.BUILDING, BENGALURU-560001
2. THE KARNATAKA LOKAYUKTA
Digitally R/BY ITS REGISTRAR
signed by
JAGADISH T M.S.BUILDING,
R
BENGALURU-560001
Location:
High Court of
Karnataka, ...RESPONDENTS
Dharwad
(BY SRI. PRASHANT V MOGALI, HCGP FOR R1)
(R2-NOTICE DISPENSED WITH)
THIS WRIT PETITION IS FILED PRAYING TO ISSUE A
WRIT OF CERTIORARI BY MODIFYING THE ORDER DATED
-2-
WP No. 101127 of 2022
08.03.2022 VIDE ANNEXURE-H OF THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL IN APPLICATION
NO.OA/10420/2022 AND ALLOW THE INTERIM RELIEF AS
PRAYED IN APPLICATION NO.OA/10420/2022 VIDE ANNEXURE-
A ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BELAGAVI BY STAYING THE IMPUGNED ORDER
DATED 04.02.2022 VIDE ANNEXURE-G OF THE RESPONDENT
NO.1 TILL DISPOSAL OF THE ABOVE APPLICATION TO ENABLE
THE PETITIONER TO CONTINUE IN SERVICE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, S.SUNIL DUTT YADAV J., PASSED THE
FOLLOWING
ORDER
Learned HCGP accepts notice for respondent No.1. Notice
to 2nd respondent is dispensed with in the light of nature of
order being passed would affect only the State, which is a party
before this Court.
2. The petitioner has called in question the order of
the Karnataka State Administrative Tribunal, Belagavi Bench
(for short, 'Tribunal') issuing notice to the respondents and is
aggrieved by the order insofar as interim relief sought for
before the Tribunal has not been considered.
3. The parties are referred to by their ranks before the
Tribunal.
4. The applicant had filed an Application before the
Tribunal calling in question the impugned order dated 4.2.2022,
WP No. 101127 of 2022
whereby the State had recommended for imposition of
punishment of compulsory retirement to the applicant.
5. It is the contention of Sri. P.P. Hegde, learned
Senior Counsel appearing on behalf of the petitioner that the
applicant was acquitted insofar as offences punishable under
Sections 7, 8, 13(1)(d) read with Section 13(2) of the
Prevention of Corruption Act, 1988 and same judgment of
acquittal in Spl.Case No.20/2012 was a honourable acquittal,
which came to be passed on 16.1.2019. It is further submitted
that the disciplinary enquiry has proceeded parallel and that
the charges in the disciplinary enquiry and the material relied
upon in the enquiry is identical and similar to the material
constituted for consideration by the Court in Spl. Case
No.20/2012.
6. Learned Senior Counsel for the petitioner has relied
upon the judgment of Hon'ble Apex Court in the case of G.M.
Tank Vs. State of Gujarat & Others reported in (2006) 5
SCC 446 and submits that where departmental enquiry and
criminal proceedings are based on identical and similar set of
facts and the charge in a departmental case against the
applicant and the charge before the Criminal Court are one and
WP No. 101127 of 2022
the same, in the event of acquittal in the criminal proceedings,
departmental proceedings ought not to continue. It is
submitted that despite interim relief having been sought for
before the Tribunal, order of issuance of notice without
considering the prayer for interim relief would render the
interim relief sought for infructuous.
7. It is noticed that that the Tribunal has merely
issued notice to the respondents on 8.3.2022. It is also noticed
that the Government has passed the order on 4.2.2022 and it
is the apprehension of the applicant that the order would be
given effect to rendering the interim relief sought for
infructuous. It is further submitted that as on the date, he has
continued to work and the Government Order dated 4.2.2022
has not been given effect to.
8. It is settled position that where interim relief is
sought for and in cases wherein interim relief would be
rendered infructuous if not considered, legitimate grievance
made out by the petitioner regarding non-consideration of
interim relief deserves consideration. Accordingly, matter is
remitted back to the Tribunal with a request to consider the
interim prayer sought for expeditiously considering the
WP No. 101127 of 2022
consequence of the order of the Government dated 4.2.2022.
The contention raised by the applicant herein basing his
submission on the judgment of the Hon'ble Apex Court in the
case of G.M. Tank (supra) is a matter to be taken note of by
the Tribunal in an appropriate manner. It is further made clear
that it is for the Government to consider if they could await
ruling to be passed by the Tribunal regarding interim relief
sought for before the Tribunal before giving effect to their
order, if already not implemented. Accordingly, petition stands
disposed of. All the contentions of the petitioner are kept open.
The impugned order at Annexure-G would be subject to order
to be passed by the Tribunal.
Pending applications, if any, do not survive for
consideration, and accordingly, they are disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
