K H Shivakumar vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Jul 29, 2024

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Citation: sooperkanoon.com/1900265
Court: Karnataka Orders High Court
Judge: S.G.Pandit,C.M. Poonacha
Decided On: Jul 29, 2024
Case Number: WP/10656/2021

Parties & Advocates

Appellant / Petitioner

K H Shivakumar

Respondent

State of Karnataka

Excerpt

..... dept. of personnel and high administrative reforms court of vidhana soudhakarnataka2. state of karnataka represented by its secretary dept. of revenue vikasa soudha vidhana veedhi …respondents (by sri. mahadeshwaran, aga for r1 & r2) -2- this wp is filed under articles 226 & 227 of theconstitution of india praying to issue a writ of certiorari quashing the impugned order dated 14/06/2021 passed by the honble karnataka administrative tribunal, bengaluru in application nos. 6005 and 6017/2020 (annexure-a) and etc. this petition, coming on for preliminary hearing in ‘b’ group, this day, order was made therein as under: coram: hon'ble mr justice s.g.pandit and hon'ble mr justice c.m. poonachaoral order(per: hon'ble mr justice s.g.pandit)1. heard sri vinay keerthy, learned counsel for the petitioner and sri mahadeshwaran, learned aga for respondent - government.2. learned counsel for the petitioner would submit that thepetitioner was before the tribunal challenging the order dated 27.11.2020 posting the petitioner as tahsildar - grade i from independent charge of the post of assistant commissioner. the tribunal under impugned order rejected the challenge of the petitioner, against which the petitioner is before this court. learned counsel for the petitioner further submits that during the pendency of the writ petition, the petitioner attained age of superannuation and retired from service on 29.02.2024. -3-3. in view of the retirement of the petitioner, learnedcounsel would submit that the petition has rendered itself infructuous. further he seeks liberty to seek an appropriate relief after the enquiry proceedings pending against the petitioner attains finality.4. recording the submission of the learned counsel, petition is dismissed as having become infructuous, with liberty as sought for. (s.g.pandit) (c.m. poonacha) bs list no.: 1 sl no.: 33

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 10656 OF 2021 (S-KSAT) BETWEEN: K H SHIVAKUMAR AGED ABOUT 56 YEARS S/O N HUCHAPPA JUNIOR KAS (RULE 32) CHIEF ADMINISTRATIVE OFFICER SHIVAMOGGA INSTITUTE OF MEDICAL SCIENCES SAGAR ROAD SHIVAMOGGA-577 201 …PETITIONER (BY SRI. VINAYA KEERTHY M., ADVOCATE) AND: Digitally
signed by    1.    STATE OF KARNATAKA
BHARATHI S         REPRESENTED BY ITS SECRETARY
Location:          DEPT. OF PERSONNEL AND
HIGH               ADMINISTRATIVE REFORMS
COURT OF           VIDHANA SOUDHA
KARNATAKA
2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPT. OF REVENUE VIKASA SOUDHA VIDHANA VEEDHI …RESPONDENTS (BY SRI. MAHADESHWARAN, AGA FOR R1 & R2) -2- THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 14/06/2021 PASSED BY THE HONBLE KARNATAKA ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NOS. 6005 AND 6017/2020 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

1. Heard Sri Vinay Keerthy, learned counsel for the petitioner and Sri Mahadeshwaran, learned AGA for respondent - Government.

2. Learned counsel for the petitioner would submit that the

petitioner was before the Tribunal challenging the order dated 27.11.2020 posting the petitioner as Tahsildar - Grade I from independent charge of the post of Assistant Commissioner. The Tribunal under impugned order rejected the challenge of the petitioner, against which the petitioner is before this Court. Learned counsel for the petitioner further submits that during the pendency of the writ petition, the petitioner attained age of superannuation and retired from service on 29.02.2024. -3-

3. In view of the retirement of the petitioner, learned

counsel would submit that the petition has rendered itself infructuous. Further he seeks liberty to seek an appropriate relief after the enquiry proceedings pending against the petitioner attains finality.

4. Recording the submission of the learned counsel, petition is dismissed as having become infructuous, with liberty as sought for. (S.G.PANDIT) (C.M. POONACHA) BS List No.: 1 Sl No.: 33

Same Court & Year Karnataka Orders · 2024 Same Parties K H Shivakumar vs State of Karnataka Same Judge S.G.Pandit,C.M. Poonacha