Rajesh S/O K S/O Basavaraj K vs The State Of Karnataka
2024 Latest Caselaw 26555 Kant

Karnataka High Court

Rajesh S/O K S/O Basavaraj K vs The State Of Karnataka on 7 November, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

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                                                         NC: 2024:KHC-D:16260-DB
                                                          WP No. 105960 of 2024




                                IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH

                           DATED THIS THE 7TH DAY OF NOVEMBER, 2024

                                               PRESENT
                          THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                 AND
                            THE HON'BLE MR. JUSTICE VENKATESH NAIK T

                            WRIT PETITION NO. 105960 OF 2024 (S-KAT)

                   BETWEEN:

                   RAJESH K.
                   S/O. BASAVARAJ K.
                   AGE. 33 YEARS,
                   OCC. WARDER, CURRENTLY
                   WORKING AT: DISTRICT PRISON,
                   MANGALORE,
                   KODIALBAIL-575003,
                   DIST. MANGALORE.
                                                                    ...PETITIONER
                   (BY SMT. SURABHI R. KULKARNI AND
                       SRI. RAGHUVEER SATTIGERI, ADVOCATES)

                   AND:
Digitally signed
by JAGADISH T
R
Location: High
Court of
                   1.   THE STATE OF KARNATAKA,
Karnataka,
Dharwad Bench           REPRESENTED BY ITS SECRETARY
                        TO HOME DEPARTMENT,
                        VIDHAN SOUDHA,
                        DR. AMBEDKAR VEEDHI,
                        BANGALORE 560001.

                   2.   THE DIRECTOR GENERAL OF POLICE,
                        PRISON AND CORRECTIONAL
                        SERVICE DEPARTMENT,
                        SHESHADRI ROAD,
                        GANDHINAGARA,
                        BENGALURU 560009.

                   3.   SHRIKANT S. RANJERI,
                               -2-
                                      NC: 2024:KHC-D:16260-DB
                                       WP No. 105960 of 2024




    AGE. MAJOR,
    OCC. HEAD WARDER,
    CENTRAL PRISON,
    KALBURGI 585102.

                                                 ...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 & R2;
    NOTICE TO R3 DISPENSED WITH)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, QUASHING THE ORDER DATED 16.08.2023 PASSED IN
APPLICATION NO.10199/2023 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE    TRIBUNAL,   BELAGAVI,    PRODUCED   AS    PER
ANNEXURE - C. AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE   WRIT,   ORDER   OR    DIRECTION,   QUASHING   THE
ENDORSEMENT      DATED   02.11.2022   IN   NO.E4/CR-39/2016-17
ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE A-9 AND
ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION TO THE RESPONDENTS NO. 1 TO 2 TO
CONSIDER THE PETITIONER FOR PROMOTION TO THE POST OF
HEAD WARDER, WITH RETROSPECTIVE EFFECT AND WITH ALL THE
CONSEQUENTIAL BENEFITS BY CONSIDERING REPRESENTATION
DATED. 1.09.2022 AT ANNEXURE-A7 AND REPRESENTATION DATED.
6.9.2022 AT ANNEXURE-A8 AND ETC.



     THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:


CORAM:   THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
          AND
          THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                                      -3-
                                              NC: 2024:KHC-D:16260-DB
                                               WP No. 105960 of 2024




                              ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

This petition is filed under Articles 226 and 227 of the

Constitution of India challenging the order dated 16.08.2023

passed by the Karnataka State Administrative Tribunal,

Belagavi in Application No.10199/2023, whereby the

application filed by the petitioner was disposed off.

2. Brief facts of the case are that, the petitioner was

appointed as Warder in the Prison and Reforms Department on

21.02.2012 and presently, he is working in Central Prison,

Ballari. Respondent No.2 published a provisional seniority list

of Warders on 20.01.2022, in which, the petitioner's name is

shown at Sl.No.12 of Hyderabad-Karnataka Region list. Based

upon the said list, respondent No.2 called for service particulars

of Warders, vide Memorandum dated 12.04.2022, who are

working in the Residual Parent Cadre and also HK Region,

wherein the petitioner's name is shown at Sl.No.11 of HK

Region. On 19.10.2020, the Superintendent of Ballari Prison

made a recommendation that there are no disciplinary

proceedings pending against the petitioner and he is eligible for

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promotion. Departmental Promotion Committee1 meeting

under the Chairmanship of respondent No.2 was held on

26.08.2022, wherein the petitioner's name was not considered

for promotion on the ground that report is submitted to the

Government to initiate action against the petitioner, as he has

allowed one prisoner Mr.Yusuf Bacha Khan to use mobile phone

inside the prison. Thereafter, as per notification dated

30.08.2022, case of the petitioner was not considered and

junior to that petitioner's case has been considered for

promotion. Thereafter, he submitted a representations dated

1.9.2022 and 6.9.2022 to respondent No.2 and requested to

consider his candidature as per the Seniority List. Respondent

No.2 issued an endorsement dated 2.11.2022 stating that since

disciplinary proceeding is pending against the petitioner, his

case cannot be considered. Being aggrieved by the same, the

petitioner filed an application before the Tribunal in Application

No.10199/2023. The Tribunal under impugned order dated

16.08.2023 disposed off the application with the following

direction:

'DPC', for short

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"Accordingly, we dispose this application, with a direction to the 1st respondent to complete the departmental enquiry proceedings which are commenced by issuance of charge memo against the applicant and based on the out-come of the departmental enquiry proceedings, to take a decision regarding considering the case of the applicant for promotion, within a period of six months from the date of receipt of certified copy of this order. The applicant is also directed to cooperate with the respondents in all stages of the enquiry."

Being aggrieved by the same, the petitioner is before this

Court in this petition.

3. Sri.Raghuveer R Sattigeri, learned counsel for the

petitioner submits that sealed cover procedure can be adopted

and promotion can be denied only if the proceedings are

initiated as on the date when DPC considered the claim of

promotion. It is submitted that when DPC conducted meeting

on 26.08.2022, there was no disciplinary proceedings pending

against the petitioner. He also places reliance on judgments of

co-ordinate Bench of this Court in WP No.102595/2023, dated

5.10.2023 and WP No.19407/2023, dated 11.07.2024, wherein

case of the similarly situated person has been considered and

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direction has been issued to consider the case of the petitioner

therein for promotion.

4. Learned AGA appearing for the respondents/State

does not dispute the order passed by co-ordinate Bench of this

Court referred to supra, in respect of similarly situated persons.

5. Heard the learned counsel for the parties and

perused writ petition papers.

6. Respondent No.2 published a provisional seniority

list of Warders on 20.01.2022. Based on the said list,

respondent No.2 called for service particulars of Warders vide

Memorandum dated 12.04.2022, who are working in the

Residual Parent Cadre and also HK Region, wherein the

petitioner's name is shown at Sl.No.11 of HK Region. On

19.10.2020, the Superintendent of Ballari Prison made a

recommendation that there are no disciplinary proceedings

pending against the petitioner and he is eligible for promotion.

DPC meeting under the Chairmanship of respondent No.2 was

held on 26.08.2022, wherein the petitioner's name was not

considered for promotion. The disciplinary proceedings were

initiated against the petitioner on 24.11.2022. When DPC had

met, neither charge sheet has been filed nor Article of Charges

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has been issued to the petitioner. Under these circumstances,

there was no warrant for the respondents to adopt a sealed

cover procedure and deny promotion to the petitioner in its

meeting held on 26.8.2022, particularly in the absence of

departmental enquiry pending against the petitioner as on that

date.

7. In view of the above and also by following the order

passed by the co-ordinate Bench of this Court in WP

No.102595/2023, dated 5.10.2023 and WP No.19407/2023,

dated 11.07.2024, this writ petition deserves to be allowed and

accordingly, we pass the following:

ORDER

a) The Writ Petition stands allowed.

               b) The     impugned      order     dated       16.08.2023
                 passed      by   the       Tribunal    in    Application
                 No.10199/2023 is hereby set-aside.

c) The impugned endorsement dated 2.11.2022 vide Annexure-A9 issued by the respondent No.2 is hereby quashed.

d) The respondents are directed to consider the case of the petitioner for promotion to the post of Head Warder, as has been granted to his junior, together with all consequential

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benefits within a period of three months from the date of receipt of certified copy of this order.

Pending applications, if any, are also disposed off as not

surviving for consideration.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(VENKATESH NAIK T) JUDG JTR/ct-an