Ratilal Makwana vs The Inspector General
2023 Latest Caselaw 9353 Kant

Citation : 2023 Latest Caselaw 9353 Kant
Judgement Date : 5 December, 2023

Karnataka High Court

Ratilal Makwana vs The Inspector General on 5 December, 2023

Author: K.Somashekar

Bench: K.Somashekar

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                                                       NC: 2023:KHC:44398-DB
                                                        WA No. 2533 of 2015




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                           PRESENT

                            THE HON'BLE MR JUSTICE K.SOMASHEKAR

                                                 AND

                             THE HON'BLE MR JUSTICE RAJESH RAI K

                            WRIT APPEAL NO. 2533 OF 2015 (S-DIS)

                   BETWEEN:

                         RATILAL MAKWANA
                         S/O LATE L.D. MAKWANA
                         AGED ABOUT 43 YEARS
                         R/O 91 BN, CRPF
                         LUCKNOW-226 001.

                         NOW RESIDING AT:
                         VILLAGE: KHAMBHALAV
                         P.O & P.S: PANSHINA
                         TEHSIL: LIMBDI
                         DIST: SURENDER NAGAR
Digitally signed         STATE: GUJARAT
by VINUTHA M
Location: HIGH           PIN: 363 423.
COURT OF                                                      ...APPELLANT
KARNATAKA
                   (BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE (ABSENT))

                   AND:

                   1.    THE INSPECTOR GENERAL
                         SOUTHERN SECTOR,
                         CRPF, ROAD NO.10-C
                         JUBILEE HILLS,
                         HYDERABAD-500 033.

                   2.    THE DEPUTY INSPECTOR GENERAL OF POLICE
                         CRPF, YELAHANKA
                         BANGALORE-560 064(CENTRAL GOVT IN PART)
                                 -2-
                                           NC: 2023:KHC:44398-DB
                                            WA No. 2533 of 2015




3.   THE COMMANDANT
     91 BN, CRPF
     GC, CRPF CAMPUS
     LUNCKNOW (UP)-226 001.

4.   THE ENQUIRY OFFICER
     PRABAT TRIPATI
     91 BN, CRPF
     GC, CRPF CAMPUS
     LUNCKNOW (UP)-226 001.
                                                 ...RESPONDENTS
CGC-SERVED AND UNRESPRESENTED

      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED
BY THE LEARNED SINGLE JUDGE IN W.P.NO.36997/2013
DATED 03.09.2014 AND ALLOW THE WRIT PETITTION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR, J., DELIVERED THE FOLLOWING:


                          JUDGMENT

Learned counsel Sri Mallikarjun C Basareddy who is on

record for appellant. But, in this matter I.A.No.2/2015 is filed

under Section 5 of the Limitation Act for seeking condonation of

delay of 316 days in filing this appeal.

2. This matter has been slated for compliance of office

objections but we also find counsel submission regarding the

same. Neither the learned counsel nor the appellant who is on

NC: 2023:KHC:44398-DB

record as a party to the proceedings is present nor diligent or

vigilant. In this mater, the preceding order sheet dated

31.07.2023 reveals and also made an observation that needful

in one week failing which re-list or dismissal immediately

thereafter.

3. This appeal is filed challenging the impugned order

passed by the learned Single Judge on the writ side in

W.P.No.36997/2023 (S-DIS) dated 03.09.2014. The aforesaid

writ petition came to be dismissed by assigning the reasons

and the same has been challenged under this writ appeal by

urging the various grounds.

4. The writ petition was initiated by the petitioner

under Article 226 of Constitution of India and seeking for a

direction against the concurrent findings of fact recorded by the

Disciplinary Authority dated 12.06.2011 and the Appellate

Authority dated 10.07.2012 with respect to the Departmental

Enquiry initiated as against the petitioner on three chapters and

the same has been indicating in the impugned order passed by

the learned Single Judge on the writ side.

NC: 2023:KHC:44398-DB

5. Whereas, the writ petition has been dismissed with

the observation by the learned Single Judge that -

"I do not find any reason to interfere with the findings of

the fact recorded by the authorities below. Learned counsel for

the petitioner, could not and did not point any error of law

having been committed by the authorities, either while

conducting enquiry or while imposing the impugned

punishment. Hence, the petition is dismissed."

6. However, the appeal is nothing is but of a continuity

of proceedings and more so it requires revisiting the impugned

order rendered on the writ side and also the observation made

therein. Taking into consideration, the reasons assigned by the

learned Single judge in order dated 03.09.2014 in

W.P.No.36997/2013 (S-DIS), we are of the considered view

that appeal is devoid of merits and unsustainable. Moreover, in

this matter neither the learned counsel for appellant nor the

appellant who is a party to the proceedings has come forward

to address their arguments to proceed further in this matter in

accordance with law for seeking intervention on the appellant

side.