Karnataka High Court
Sri Renuka K vs The State Of Karnataka on 7 May, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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WP No. 12854 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MAY, 2024
PRESENT
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
WRIT PETITION NO. 12854 OF 2024 (S-KSAT)
BETWEEN:
1. SRI RENUKA K
S/O KRISHNAPPA,
AGED ABOUT 40 YEARS,
WAS WORKING AS ASSISTANT TEACHER
GRADE-II, GOVERNMENT HIGH SCHOOL,
THIGALARA HOSAHALLI,
T BEKUPPE POST,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 117.
NOW UNDER AN ORDER OF SUSPENSION,
Digitally signed RESIDING AT ANGAJANAHALLI,
by VIJAYA P
Location: DODDAMUDIGERE POST,
HIGH COURT
OF MAGADI TALUK,
KARNATAKA
RAMANAGARA - 562 131.
... PETITIONER
(BY SRI. SATISH K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY
REPRESENTED BY IS PRINCIPAL SECRETARY
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WP No. 12854 of 2024
M S BUILDING,
BANGALORE-560 001.
2. THE DEPUTY DIRECTOR (ADMINISTRATION)
AND DISCIPLINARY AUTHORITY
DEPARTMENT OF SCHOOL EDUCATION
2ND FLOOR, ZILLA PANCHAYATH BHAVAN,
B M ROAD,
RAMANAGAR-562 159.
... RESPONDENTS
(BY MS. SUKANYA BALIGA B., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a)
CALL FOR RECORDS FROM THE HON'BLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE
IMPUGNED ORDER DATED 02.05.2024 PASSED IN
APPLICATION No. 1864/2024 (ANNEXURE-A) b) SET ASIDE THE
IMPUGNED ORDER DATED 02.05.2024 PASSED BY THE
HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN
APPLICATION No. 1864/2024, IN SO FAR AS NON GRANT OF
INTERIM ORDER OF STAY AS SOUGHT FOR BY THE PETITIONER
IS CONCERNED (ANNEXURE-A) AND CONSEQUENTLY GRANT
INTERIM RELIEF AS PRAYED FOR BY THE PETITIONER IN
APPLICATION No. 1864/2024, DURING THE PENDENCY OF THE
SAID APPLICATION No. 1864/2024, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, S. SUNIL DUTT YADAV MADE THE FOLLOWING:
ORDER
This petition has been filed seeking for setting aside
of the order dated 02.05.2024 passed in Application
No.1864/2024 at Annexure-A whereby notice is issued by
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the Tribunal without considering the request for grant of
interim order.
2. It is submitted that no interim order was passed
despite the Tribunal being made aware of the order passed
in W.P.No.12518/2024 which relates to the co-delinquent.
3. Perused the order dated 30.04.2024 passed in
W.P.No.12518/2024 (S-KSAT) which reads as follows:
"The petitioner is aggrieved by the Order dated
24.04.2024 [Annexure-A] by the Karnataka State
Administrative Tribunal [for short, 'Tribunal'] in
Application No.1807/2024. The Tribunal, by this
order, has opined that the petitioner's request for
grant of ex parte interim order cannot be considered
without issuance of notice to the respondents.
2. The petitioner asserts that he was duly
appointed as 'Assistant Teacher Grade-II' after his
successful participation in the examination conducted
for selection. The petitioner contends that his name
is part of the provisional list and he is issued with the
appointment order after scrutiny of the objections
filed, publication of final/additional list and the
original records. In fact, Sri J Prashanth, the learned
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counsel for the petitioner, submits that the petitioner
is selected as part of the additional final list
published because some selected candidates did not
report to duty and that the petitioner's probationary
period is also declared.
3. Insofar as the reason for the application
before the Tribunal, Sri J Prashanth submits that the
petitioner is issued with Articles of Charge dated
20.11.2023 [as per Annexure-A8 filed with the
Tribunal] but the Charges against the petitioner are
completely vague and given the circumstances, the
Charge should have been specific.
4. On perusal of the records, and the Articles of
Charge dated 20.11.2023, this Court must opine that
the petitioner could successfully contend that the
Charges are vague, and in that event, the very
continuation of the proceedings would be in
jeopardy. These circumstances must be considered
even at the threshold stage. It is undisputed that the
enquiry is scheduled to be held on 03.05.2024, and
this Court on a careful consideration of the
circumstances, is of the considered opinion, to
facilitate effective adjudication, that the proceedings
scheduled to be held on 03.05.2024 must be
deferred for a period of six weeks, and the present
petition disposed of requesting the Tribunal to decide
the application on merits within such time. Sri
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Mohammed Jaffar Shah submits that if the
application is filed before the Tribunal for expeditious
disposal on copies being served with the office of the
learned Additional Government Advocate, there
would be due co-operation. In the light of the afore,
the following:
ORDER
The petition stands disposed of deferring the
proceedings scheduled to be held on 03.05.2024 for
a period of six [6] weeks reserving liberty to the
petitioner to request the Tribunal for expeditious
disposal of the application. The Tribunal is also
requested to dispose of the application within a
period of six weeks as now enabled."
4. It is not in dispute that petitioner in
W.P.No.12518/2024 (S-KSAT) and the petitioner in the
present petition are co-delinquents in the joint enquiry.
If that were to be so, in order to avoid conflicting
judgment, the present petition is to be disposed off on the
same terms taking note of the observations made at
para 4 of the order passed in W.P.No.12518/2024.
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5. Accordingly, the enquiry relating to articles of
charges dated 17.05.2023 and 20.11.2023 and enquiry
proceedings are deferred till the conclusion of the
proceedings before the Tribunal. The Tribunal to dispose
off the application expeditiously. The observations made
in W.P.No.12518/2024 are to be read as part of this order,
except as regards observations made to the contrary.
6. Accordingly, the petition is disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
NP
