Sri. Nagarajababu. N vs The Union Of India
2023 Latest Caselaw 4737 Kant

Citation : 2023 Latest Caselaw 4737 Kant
Judgement Date : 21 July, 2023

Karnataka High Court

Sri. Nagarajababu. N vs The Union Of India on 21 July, 2023

Bench: Chief Justice, M.G.S. Kamal

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                                                NC: 2023:KHC:25396-DB
                                                      WA No. 835 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 21ST DAY OF JULY, 2023

                                       PRESENT

               THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                          AND

                         THE HON'BLE MR JUSTICE M.G.S. KAMAL

                         WRIT APPEAL NO. 835 OF 2023 (S-RES)




               BETWEEN:

                     SRI. NAGARAJABABU. N
                     S/O SRI. NARAYANAPPA,
                     AGED ABOUT 43 YEARS,
                     WORKING AS HEAD CONSTABLE/GD,
                     HAVING CISF No.034490332,
Digitally            WORKING AT CISF UNIT,
signed by            INFOSYS TECHNOLOGIES LTD.,
SUMA B N             ELECTRONICS CITY,
Location:            BENGALURU-560 100.
High Court
of Karnataka                                                ...APPELLANT
               (BY SRI. PRASHANTH H S.,ADVOCATE)

               AND:

               1.    THE UNION OF INDIA
                     MINISTRY OF HOME AFFAIRS,
                     NORTH BLOCK,
                     CENTRAL SECRETARIAT,
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                                  NC: 2023:KHC:25396-DB
                                        WA No. 835 of 2023




     NEW DELHI-110 001.

2.   THE DIRECTOR GENERAL
     CISF HEAD QUARTERS,
     NO. 13, CGO COMPLEX,
     LODHI ROAD,
     NEW DELHI-110 003.

3.   THE DEPUTY INSPECTOR GENERAL
     DOS ZONE I HEAD QUARTERS,
     ANTARIKSHA BHAVAN,
     NEW BEL ROAD,
     BENGALURU-560 094.

4.   THE DEPUTY COMMANDANT
     CISF UNIT,
     INFOSYS TECHNOLOGIES LTD.,
     ELECTRONICS CITY,
     BENGALURU-560 100.
                                             ...RESPONDENTS
(BY SRI. CHANDRACHUD A.,CGSC FOR R1 TO R4)

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT
APPEAL AND SET ASIDE THE FINAL ORDER DATED 27.06.2023,
PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE
COURT IN W. P. No. 13266/2023 AND CONSEQUENTLY ALLOW
THE WRIT PETITION IN W. P. No. 13266/2023.

      THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE., DELIVERED THE FOLLOWING:
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                                                WA No. 835 of 2023




                            JUDGMENT

Heard Sri.Prashanth H.S. learned counsel appearing

for the appellant and Sri.Chandrachud A., CGSC appearing

for the respondents.

2. Learned counsel for the appellant submits that

application made by the appellant/petitioner to the

authority seeking his voluntary retirement is pending. As

such, directions be issued to the respondents-authorities

to decide the said application.

3. Learned CGSC appearing for the respondents

on instructions submits that the application dated

19.06.2023 submitted by the appellant seeking his

voluntary retirement from services with effect from

31.01.2024 is already returned on the ground that the

said application was made to the wrong authority i.e.,

Deputy Commandant instead of Commandant. The copy of

the communication dated 24.06.2023 is also placed on

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record. Learned Counsel for the respondents further

submits that the communication dated 24.06.2023 further

indicates that the appellant/petitioner is at liberty to

submit his fresh application and the wording used in the

communication is:

Hence, application in respect of CISF No.034490332 HC/GD Nagrajababu N is returned herewith for the above reasons and directed re-write VRS application.

It is further submitted that the copy of the order was also

served on the appellant/petitioner.

4. Be that as it may. Though the order was served

on the appellant, till date no fresh application was

submitted by the appellant/petitioner. At this stage

learned counsel for the appellant submits that the

appellant be given an opportunity to submit his fresh

application as per the communication dated 24.06.2023

and permit him to re-write VRS application and submit

such application to the appropriate/ competent authority

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and the competent authority to decide the same within

reasonable time.

5. Considering the prayer of the appellant, we

dispose of the writ appeal with the following directions;

(i) The appellant/petitioner to submit his fresh

application to the appropriate/ competent

authority within two (2) weeks from today.



     (ii)   We     further     make        it   clear   that   the

     application          be       submitted            by     the

appellant/petitioner to the authorities must be in

the form of conditional representation as per the

relevant rules.

(iii) If such application is submitted by the

appellant/petitioner to the competent authority

within a period of two (2) weeks from today, the

competent authority to decide the application, as

expeditiously as possible. Needless to state on

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merits of the application and as per prevailing

Rules in that regard.