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WP No. 12518 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 12518 OF 2024 (S-KSAT)
BETWEEN:
SRI. DEVENDRA NAIK. S
AGED ABOUT 36 YEARS
S/O SRI SHEKAR NAIK,
C/O SRI RAVEESH,
NEAR RENUKA STUDIO,
2ND CROSS, VIDHAYALAYA,
GUBBI TALUK TUMKUR DISTRICT-572216.
…PETITIONER
(BY SRI. J PRASHANTH.,ADVOCATE)
Digitally
signed by
NARASIMHA
MURTHY
AND:
VANAMALA
Location:
HIGH
1. THE STATE OF KARNATAKA
COURT OF
KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL
EDUCATION AND LITERACY
M S BUILDING,
DR. AMBEDKAR VEEDHI,
BANGALORE-560001.
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WP No. 12518 of 2024
2. DEPUTY DIRECTOR AND DISCIPLINARY
AUTHORITY,
DEPARTMENT OF SCHOOL
EDUCATION AND LITERACY,
OFFICE OF THE DEPUTY DIRECTOR,
TUMKUR DISTRICT-572216.
…RESPONDENTS
(BY SRI.MOHAMMED JAFFAR SHAH., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE
A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI QUASHING THE NOTICE ALONG WITH THE
ARTICLE OF CHARGE DATED 20/11/2023 BEARING
NO.E5 DOORU.10/22-23 ISSUED BY THE 2ND
RESPONDENT VIDE ANNEXURE-A8.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY B.M. SHYAM PRASAD J, DELIVERED THE
FOLLOWING:
ORDER
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.
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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 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
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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 Mohammed Jaffar Shah
submits that if the application is filed before the
Tribunal for expeditious disposal on copies being
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WP No. 12518 of 2024
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.
Sd/-
JUDGE
Sd/-
JUDGE
AN/-