Sri Nandisha L M vs The State Of Karnataka
2024 Latest Caselaw 22374 Kant

Karnataka High Court

Sri Nandisha L M vs The State Of Karnataka on 3 September, 2024

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                                                     NC: 2024:KHC:35965-DB
                                                     WP No. 23504 of 2024




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                          PRESENT
                          THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                                             AND
                            THE HON'BLE MR. JUSTICE G BASAVARAJA
                          WRIT PETITION NO. 23504 OF 2024 (S-KSAT)
                   BETWEEN:

                   SRI. NANDISHA L.M.
                   S/O MALLESHAPPA
                   AGED ABOUT 38 YEARS
                   WORKING AS ASSISTANT COMMISSIONER
                   PANDAVAPURA SUB DIVISION
                   MANDYA DISTRICT-571 434
                   RESIDING AT
                   ASSISTANT COMMISSIONER QUARTERS
                   PANDAVAPURA TOWN
                   MANDYA DISTRICT-571 434
                                                               ...PETITIONER
                   (BY SRI. M.S. BHAGWAT, SENIOR COUNSEL FOR
                       SRI. SATISH K., ADVOCATE)
Digitally signed
by
CHANNEGOWDA        AND:
PREMA
Location: High
Court of
Karnataka          THE STATE OF KARNATAKA
                   DEPARTMENT OF PERSONNEL AND
                   ADMINISTRATIVE REFORMS
                   REPRESENTED BY SECRETARY
                   VIDHANA SOUDHA
                   BENGALURU-560 001
                                                            ...RESPONDENT

                   (BY SRI. VIKAS ROJIPURA, AGA FOR RESPONDENT)

                          THIS WRIT PETITION IS FILED UNDER ARTICLES 226
                   AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
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                                         NC: 2024:KHC:35965-DB
                                         WP No. 23504 of 2024




(a) CALL    FOR    RECORDS FROM THE KARNATAKA            STATE
ADMINISTRATIVE TRIBUNAL, BENGALURU IN RESPECT OF THE
IMPUGNED      ORDER        DATED     26.08.2024    PASSED     IN
APPLICATION No.4124/2024 (ANNEXURE-A), (b) SET ASIDE
THE IMPUGNED ORDER DATED 26.08.2024 PASSED BY THE
KARNATAKA         STATE     ADMINISTRATIVE        TRIBUNAL    IN
APPLICATION No.4124/2024, IN SO FAR AS NON GRANT OF
EX-PARTE INTERIM ORDER OF STAY AS SOUGHT FOR BY THE
PETITIONER        IS      CONCERNED      (ANNEXURE-A)        AND
CONSEQUENTLY GRANT INTERIM AS PRAYED FOR BY THE
PETITIONER IN APPLICATION No.4124/2024, IN THE INTEREST
OF JUSTICE AND EQUITY AND ETC.


     THIS    PETITION,      COMING     ON   FOR     PRELIMINARY
HEARING, THIS DAY, JUDGEMENT WAS DELIVERED THEREIN
AS UNDER:



CORAM:     HON'BLE MRS. JUSTICE ANU SIVARAMAN
           and
           HON'BLE MR. JUSTICE G BASAVARAJA
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                                          NC: 2024:KHC:35965-DB
                                          WP No. 23504 of 2024




                          ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Heard the learned Senior counsel appearing for the

petitioner in this writ petition.

2. The writ petition is filed against the non-grant of

the interim order by the Tribunal which is said to cause

prejudice the petitioner.

3. Learned Additional Government Advocate appearing

for the respondent points out that the matter stands posted to

23.09.2024 for reply and all that has been rejected by the

Tribunal is the grant of an ex-parte interim order as sought for.

4. Learned Senior counsel for the petitioner submits

that the issue requires a proper consideration and that if the

interim order is not granted, the post held by the petitioner is

likely to be filled up.

5. Having considered the contentions advanced and in

view of the fact that the matter stands posted before the

Tribunal on 23.09.2024, we are of the opinion that the question

NC: 2024:KHC:35965-DB

of grant of interim order is to be considered by the Tribunal on

23.09.2024. The official respondent shall take steps to see that

reply, if any is on record by then. Reserving liberty to the

petitioner to seek an interim order before the Tribunal on

23.09.2024, even in the absence of the reply by the

Government, the writ petition is disposed of.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(G BASAVARAJA) JUDGE

RAK