Karnataka High Court
Sri S K Srinivas Reddy vs The Managing Director on 11 December, 2023
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NC: 2023:KHC-D:14451
WP No. 104758 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 104758 OF 2023 (S-RES)
BETWEEN:
SRI S. K. SRINIVAS REDDY
S/O. S. KRISHNA REDDY,
AGE: 65 YEARS, OCC: PENSIONER,
R/O. C/O. RAMI REDDY, NO, 16-232,
SAIBABA PETHA, OPP. VIJNANA
JUNIOR COLLEGE, REVENUE, WARD NO. 16,
NANDI KOTKUR, KARNOOL DISTRICT,
ANDRA PRADESH STATE.
...PETITIONER
(BY SRI. M. S. HARAVI, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR,
KARNATAKA FOOD AND CIVIL SUPPLIES
CORPORATION LTD, NO, 16/1 MILLERS
TANK BED AREA, VASANT NAGAR,
MOHANKUMAR
BENGALURU-560052.
B SHELAR
Digitally signed by
2. THE GENERAL MANAGER,
MOHANKUMAR B
SHELAR KARNATAKA FOOD AND CIVIL SUPPLIES
Date: 2023.12.13
11:14:22 +0530 CORPORATION LTD, NO. 16/1, MILLERS
TANK BED AREA, VASANT NAGAR,
BENGALURU-560052.
3. THE DISTRICT MANAGER,
KARNATAKA FOOD AND CIVIL SUPPLIES
CORPORATION LTD, BUDA OFFICE,
2ND FLOOR, BALLARI-583101, DIST: BALLARI.
...RESPONDENTS
(NOTICE TO RESPONDENT NO. 1 TO 3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT, ORDER
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NC: 2023:KHC-D:14451
WP No. 104758 of 2023
OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS TO REFUND THE AMOUNT AS ORDERED BY THE
SENIOR CIVIL JUDGE AND J.M.F.C. COURT HAGARIBOMMANAHALLI
IN ITS JUDGMENT DATED 29-09-2021 PASSED IN C.C.NO.135/2018
WITH 8% INTEREST P.A FROM THE DATE OF DEPOSIT BY
CONSIDERING THE REPRESENTATION SUBMITTED BY THE
PETITIONER VIDE ANNEXURE-G DATED 30-06-2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Heard the learned counsel for the petitioner.
2. The petitioner is before this Court seeking writ
of mandamus. The petitioner claims that he has submitted
a representation at Annexure-G. The said representation
dated 30.06.2023 is available to consider the order in C.C.
No.135/2018 on the file of the Senior Civil Judge and
JMFC, Hagaribommanahalli. The petitioner claims that he
is the employee of respondent-Corporation and there was
an allegation of misappropriation of funds against him. The
petitioner further claims that he has deposited the amount
in dispute before the Corporation. It is also his submission
that the department enquiry is pending against the
petitioner and petitioner is suspended from the service.
The petitioner is making a claim that he is entitled to
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amount deposited by him in view of the observations
made in the order dated 29.09.2021 passed in
C.C.No.135/2018 by the Senior Civil Judge and JMFC,
Hagaribommanahalli.
3. Whether the petitioner is entitled to benefit in
terms of the said order or whether the Department is
entitled to retain the said amount pending the department
enquiry which is stated to be pending, is the question to
be decided by the employer having regard to the rules
governing the employer and employee or any contract
between the employer and employee in this regard.
However, the employer has not yet considered the
representation in the light of applicable rules or terms of
contract if any.
4. The respondent-Corporation shall consider the
representation which is marked at Annexure-G and pass
appropriate orders or issue appropriate endorsements in
this regard. Hence, without expressing anything on the
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merits of the claim of the petitioner, this Court passed the
following :
ORDER
(i) Petition is allowed.
(ii) The 1st respondent is directed to consider the
representation dated 30.06.2023 submitted
by the petitioner marked at Annexure-G.
(iii) It is made clear that this Court has not
expressed anything on the merits of the
claim of the petitioner.
Sd/-
JUDGE
KGK,CKK/ct-an
