Karnataka High Court
Sri D Santosh Kumar vs Sri Ashwin Mahendra on 1 August, 2023
Bench: Chief Justice, M.G.S. Kamal
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WA No. 877 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 877 OF 2023 (GM-POLICE)
BETWEEN:
1. SRI D. SANTOSH KUMAR
AGED ABOUT 48 YEARS,
S/O. SRI. C. DHARMARAJ,
WORKING AS POLICE INSPECTOR
V.V.I.P. SECURITY DIVISION (OOD),
BENGALURU.
...APPELLANT
(BY SRI MURTHY D. NAIK, SENIOR ADVOCATE FOR
SRI LOKESH R.,ADVOCATE)
AND:
1. SRI ASHWIN MAHENDRA
AGED ABOUT 33 YEARS,
Digitally signed S/O. SRI. B. MAHENDRA,
by K P SWETHA R/AT NO. 301/10, 36 TH CROSS,
Location: HIGH 7TH C MAIN, 4TH BLOCK,
COURT OF JAYANAGAR,
KARNATAKA BENGALURU - 560 011.
2. STATE OF KARNATAKA
REPTD. BY PRINCIPAL SECRETARY,
HOME DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
3. THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BENGALURU - 560 001.
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WA No. 877 of 2023
4. THE DEPUTY COMMISSIONER
OF POLICE (WEST),
MAGADI ROAD,
BENGALURU.
5. THE ASSISTANT COMMISSIONER
OF POLICE (WEST),
BASAVESHWARANAGAR,
BENGALURU - 560 079.
6. SRI. GANGADHARAPPA
MUNINDRA KUMAR,
S/O. GANGADHARAPPA,
AGED ABOUT 51 YEARS,
R/O. NO. 277 4TH STAGE,
WEST OF CHORD ROAD,
KAIGARIKA NAGARA,
RAJAJINAGARA,
BENGALURU - 560 044.
7. SRI. RAVIKUMAR N @ RAVINARAYAN
S/O. NARAYAN.T
AGED ABOUT 38 YEARS,
R/O. NO. 26, 19TH MAIN ROAD,
J.C. NAGAR, MAHALAKSHMIPURAM,
MAHALAKSHMI LAYOUT,
BENGALURU - 560 086.
...RESPONDENTS
(BY SRI S.S. MAHENDRA, AGA FOR R2 TO R5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
PORTION OF THE ORDER DATED 27.07.2023 PASSED BY THE
LEARNED SINGLE JUDGE IN W.P. No. 12339/2023 IN
ACCEPTING THE PRELIMINARY ENQUIRY REPORT AND
DIRECTING THE RESPONDENT No. 4 TO STATE AS TO WHAT
ACTION IS PROPOSED AGAINST THE APPELLANT AND ALLOW
THE PRESENT APPEAL BY GRANTING THE RELIEFS PRAYED IN
THE WRIT PETITION & ETC.
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WA No. 877 of 2023
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
As extreme urgency is claimed by the learned counsel for
the appellant, the appeal is taken up for hearing at 2.30 p.m.
Heard the learned counsel for the appellant.
2. I.A.No.2/2023 is filed by the appellant seeking
permission to prefer the present appeal challenging the order
dated 27.07.2023 passed in W.P.No.12339/2023 as he was not
a party to the said writ petition. For the reasons stated in the
affidavit accompanying the application, I.A.No.2/2023 is
allowed.
3. On perusal of the impugned order and considering
the grounds urged in the appeal, we deem it appropriate to
issue notice only to respondent Nos.2 to 5. Sri S.S.Mahendra,
the learned Additional Government Advocate accepts notice for
respondent Nos.2 to 5.
4. The principal prayer sought for in the writ petition is
prayer (i). The respondents in the writ petition are the State of
Karnataka represented by the Principal Secretary, the
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Commissioner of Police, the Deputy Commissioner of Police
(West Division) and the Assistant Commissioner of Police (West
Division).
5. The learned counsel for the appellant invited our
attention to the order dated 26.06.2023 passed by the learned
Single Judge whereby, the learned Additional Government
Advocate was requested to accept notice for the respondents
and the respondents were also directed to come out with their
version otherwise, stringent action may follow. On 11.07.2023
when the matter was listed before the learned Single Judge,
the learned Additional Government Advocate submitted that
the matter was looked into at the level of the Deputy
Commissioner of Police, Bengaluru West. It was further
submitted that enquiry shall be completed and the report of the
enquiry shall be placed before the Court in a sealed cover on
the next date of hearing. By accepting this statement, the
learned Single Judge directed the respondents to produce the
entire Station House Diary for the relevant period along with
CCTV footage of the Police Station. In the meantime, I.A.Nos.1
and 2/2023 seeking impleadment were filed by the persons
against whom allegations were made in the writ petition. The
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said applications were allowed on 27.07.2023 and the
applicants were permitted to be impleaded as respondent Nos.5
and 6 to the writ petition. On the same day, the learned Single
Judge directed the Deputy Commissioner of Police (West) to
state as to what action is proposed against the concerned
Investigating Officer and adjourned the matter to 02.08.2023
at 2.30 p.m.
6. The learned counsel appearing for the appellant
submits that there was no reason for the appellant to raise any
grievance as he was not a party to the writ petition nor any
order was passed against him, however, the learned Single
Judge, while considering the enquiry report which was
submitted in a sealed cover and also by referring to CCTV
footage, has arrived at a conclusion that the appellant has
failed to discharge his duties and there is a serious lapse on his
part. He further submits that firstly, till 27.07.2023, the
appellant had absolutely no occasion to know that the writ
petition was filed in this Court seeking a direction to the
respondents therein to consider the representations as he was
not a party to the writ petition. Secondly, the report was
submitted to the Court in a sealed cover and as such, there was
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no occasion for him to know the contents of the report. He also
submits that the CCTV footage of the Police Station has not
even come to the knowledge of the appellant but, ultimately,
on the basis of the material which was never made known to
him, the Deputy Commissioner (West) was directed to initiate
action against the appellant. Thus, the submission of the
learned counsel is that reasonable opportunity of hearing
should have been granted to the appellant when serious
allegations are made against the appellant and issue of such
direction is clearly an act of failure to follow the principles of
natural justice.
7. We find considerable merit in the submissions of the
learned counsel for the appellant. It is not in dispute that the
writ petition is pending consideration before the learned Single
Judge on merits. In this appeal, this Court is not excepted to
critically analyse the merits of the writ petition as the appeal is
presented in a narrow compass i.e., against the direction
contained in the order dated 27.07.2023. As such, in our
opinion, interest of justice would be served if an opportunity of
hearing is granted to the appellant to put forth his case and
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keeping open all the contentions raised by the respective
parties in the writ petition.
8. Accordingly, we permit the appellant to appear
before the learned Single Judge on the next scheduled date
i.e., tomorrow (02.08.2023) at 2.30 p.m. The appellant may
also file necessary application for his impleadment before the
learned Single Judge.
9. Needless to state that other parties to the writ
petition are also at liberty to advance their respective
submissions before the learned Single Judge. After hearing the
appellant and all the respective parties to the writ petition, the
learned Single Judge may pass further orders.
10. Till the learned Single Judge passes further orders
in the writ petition, the order dated 27.07.2023 relating to
issue of direction to the Deputy Commissioner of Police (West)
to submit the proposed action against the Investigating Officer
is kept in abeyance.
11. With the above observations, the writ appeal is
disposed of.
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12. The authenticated copies of the order passed by
this Court today shall be furnished to the learned counsel for
the appellant as well as to the learned Additional Government
Advocate.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KPS
