Sri Mahanthesha M vs Bengaluru Water Supply And Sewerage ...
2024 Latest Caselaw 18406 Kant

Karnataka High Court

Sri Mahanthesha M vs Bengaluru Water Supply And Sewerage ... on 24 July, 2024

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                                                   NC: 2024:KHC:29034-DB
                                                      WA No. 1383 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 24TH DAY OF JULY, 2024

                                       PRESENT
                      THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                          AND
                         THE HON'BLE MR. JUSTICE K V ARAVIND
                          WRIT APPEAL NO. 1383 OF 2023 (S-RES)
               BETWEEN:

               1.   SRI MAHANTHESHA M
                    AGED ABOUT 39 YEARS,
                    S/O SRI MALLAPPA
                    R/AT A.K. COLONY,
                    TURVANUR VILLAGE AND POST,
                    CHITRADURGA TALUK AND DISTRICT.
                                                             ...APPELLANT
               (BY SRI S. THYAGARAJA, ADVOCATE)
               AND:

               1.   BENGALURU WATER SUPPLY AND SEWERAGE BOARD
Digitally           1ST FLOOR, CAUVERY BHAVAN,
signed by           K.G. ROAD
PRABHAKAR           BENGALURU - 560 009
SWETHA              REPRESENTED BY ITS
KRISHNAN            CHAIRMAN AND APPOINTMENT AUTHORITY
Location:                                              ...RESPONDENT
High Court of (BY SRI B.L. SANJEEV, ADVOCATE)
Karnataka
                      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
               KARNATAKA HIGH COURT ACT, 1961 PRAYING TO CALL FOR
               RECORDS PERTAINING TO W.P.No.1553/2022, PERUSE THE SAME
               AND SET ASIDE THE ORDER DATED 22.06.2023 PASSED BY THE
               LEARNED      SINGLE   JUDGE,   IN   W.P.No.1553/2022 AND
               CONSEQUENTLY ALLOW THE WRIT PETITION AS PRAYED WITH
               COSTS AND GRANT SUCH OTHER ORDER, RELIEF AS DEEMED
               FIT IN THE FACTS AND CIRCUMSTANCES OF THIS WRIT APPEAL.
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                                             NC: 2024:KHC:29034-DB
                                               WA No. 1383 of 2023




     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N.V. ANJARIA
       and
       HON'BLE MR. JUSTICE K.V. ARAVIND

                          ORAL JUDGMENT

(PER : HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA)

Heard learned advocate Mr. S. Thyagaraja for the appellant

and learned advocate Mr. B.L. Sanjeev for the respondent.

2. The challenge in this writ appeal is directed against the

judgment and order dated 22.06.2023 of learned Single Judge,

whereby learned Single Judge taking into account the pendency of

the criminal case in Crime No.86 of 2021 before the competent

criminal court, refused to entertain the writ petition of the petitioner

observing that the parties shall endeavour before the competent

criminal court for early disposal of the said criminal case. It was

further observed that the petitioner has already been relieved from

office as per the order dated 06.01.2022.

3. In the background, it was a case put forth by the petitioner

that pursuant to an invite of applications by the respondent-the

NC: 2024:KHC:29034-DB

Bengaluru Water Supply and Sewerage Board, the petitioner

applied for the post of Assistant, whose name figured as selected

candidate under the Schedule Caste category. In support of the

caste status, the petitioner produced Educational Certificates

issued by Dr. C.V.Raman University, Chhattisgarh, where from the

petitioner had graduated.

3.1 It appears that in the process of verification of genuineness

and confirmation of the certificates, the respondent-Board doubted

the veracity thereof since the same was furnished in Hindi and

English language. It was stated that the respondent-Board had

made correspondence to the said Dr. C.V.Raman University

seeking confirmation. The respondent-Board came to the

conclusion that the petitioner had misled and cheated the Board for

the purpose of gaining employment.

3.2 The Board lodged forgery complaint before the Police Station

concerned on 24.05.2021 against the petitioner. The police had

registered Crime No.86 of 2021 alleging the offences under

Sections 420, 465, 468 and 471 of Indian Penal Code, 1860.

NC: 2024:KHC:29034-DB

3.3 The said criminal proceedings are pending. It was stated that

in the said criminal proceedings, the police initially filed 'C'

summary report. However, the respondent-Board has filed the

protest petition before the competent criminal court.

4. The prayer in the writ petition was to set aside the

memorandum dated 06.01.2022, whereby the appointment of the

petitioner was cancelled on the ground of production and genuine

certificate. The petitioner further prayed to confirm the appointment.

5. When the criminal proceedings are pending in relation to

certification of the petitioner which was the foundation for securing

the employment, the order of learned Single Judge in not giving

relief to the petitioner at this stage and disposing of the writ petition

by observations as above including to dispose of the criminal case

expeditiously could hardly be faulted.

6. No ground is made out to interfere with the judgment and

order of learned Single Judge.

7. The appeal stands meritless and is dismissed.

NC: 2024:KHC:29034-DB

In view of dismissal of the appeal, the interlocutory

applications would not survive and they stand accordingly disposed

of.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K V ARAVIND) JUDGE

KPS