Krishnappa B S/O Thimmaiah vs The Union Of India & Ors on 1 March, 2017

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Karnataka High Court

Krishnappa B S/O Thimmaiah vs The Union Of India & Ors on 1 March, 2017

Bench: Rathnakala

                           1




            IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

         DATED THIS THE 01ST DAY OF MARCH, 2017

                        BEFORE

         THE HON'BLE MRS. JUSTICE RATHNAKALA

          WRIT PETITION NO.85545/2012 (S-RES)

BETWEEN:

KRISHNAPP.B. S/O THIMMAIAH
AGE: 36 YEARS OCC: CONSTABLE/PAINTER
NO.97009671.
BORDER SECURITY FORCE
PRESENTLY WORKING SHQ, BSF SMT WORKSHOP
TURA-DOBASIPARA-794005 (MEGHALAYA)
PERMANENT RESIDENT OF KEREBUDURU VILLAGE
ALKUR POST-584140
(TALUK & DIST RAICHUR)               ... PETITIONER

(BY SRI.G.G.CHAGASHETTI & SRI.I.R.BIRADAR, ADVOCATES)

AND:
1.     THE UNION OF INDIA
       REPRESENTED BY THE SECRETARY
       MINISTRY OF HOME AFFAIRS
       NEW DELHI-110001.

2.     DIRECTORATE GENERAL
       BORDER SECURITY FORCE
       BLOCK NO.10, CGO COMPLEX, LODI ROAD
       NEW DELHI-110003.

3.     THE DEPUTY INSPECTOR GENERAL
       FORCE HEAD QUARTERS, BSF
       O/O THE DIRECTORATE GENERAL, BSF,
       LODI ROAD, NEW DELHI-11003.
                              2




4.   THE DEPUTY INSPECTOR GENERAL
     BORDER SECURITY FORCE
     TURA-DABASIPARA-794005 (MEGHALAYA)

5.   THE COMMANDANT
     NO.173 BATTALION, BSF,
     TURA-DABASIPARA-794005
     (MEGHALAYA)                            ... RESPONDENTS

(BY SRI.J.K.BUKKA, ASGI FOR R1 TO R5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A     WRIT OF     CERTIORARI    AND   TO   QUASH   THE
IMPUGNED     ORDER/LETTER        NO.27-RR/TMT/2010/CCIBL/
347-48, DATED: 26.04.2012 AT ANNEXURE-Q ISSUED BY THE
DTE. GENERAL BSF, NEW DELHI, AND LETTER NO.19-
34/10/-ESST-11/SHI/8836-37, 1-6-502, DATED: 13.07.2012
ISSUED BY THE GENERAL INSPECTOR, BSF, NEW DELHI
VIDE ANNEXURE-R AND ETC.,



     THIS    PETITION    COMING      ON   FOR    PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
                          ORDER

Petitioner is aggrieved by the Orders at Annexures-Q & R whereby his case was not considered by the Motor Transport Workshop Technical Cadre.

2. The petitioner working as constable in Border Security Force at 172 Battalion Tura, Meghalaya. He was transferred to Main Motor Transport Workshop Tura (Meghalaya) on 30.08.2006. He joined Motor Transport Workshop newly on 27.11.2006. In the mean time the DTE (TPT Section) Delhi issued order that candidates in MT Workshop may be considered under the provisions of 10% absorption as provided in the RRs as on 21.09.2006. Since 21.09.2006 this petitioner was not working in MT Workshop, his case was not considered for observation.

3. The petitioner contends that since 5th respondent did not relieve from service immediately after transfer order, he could not report to MT workshop.

Without expressing any opinion on the merits or demerits of the case, the petitioner is reminded that he is provided remedy before Central Administrative Tribunal which is a proper forum for him to agitate his grievance for redressal. Without exhausting his remedy before Appellate Forum has directly approached this Court, hence this petition is not maintainable.

Hence, petition is rejected as not maintainable. Liberty is reserved to the petitioner to work out for redressal of his grievance before proper forum within one week from today.

All the contentions are kept open.

Sd/-

JUDGE KJJ

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