Karnataka High Court
Sri Y N Ramachandraiah vs The State Of Karnataka on 3 August, 2018
Bench: Chief Justice, R Devdas
W.P.No.15245/2018 C/W
W.P.No.15246/2018
- 1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE R.DEVDAS
WRIT PETITION NO.15245 OF 2018 (S-KAT)
C/W
WRIT PETITION NO.15246 OF 2018 (S-KAT)
IN W.P.NO.15245 OF 2018
BETWEEN:
SRI Y. N. RAMACHANDRAIAH
S/O. LATE Y.K. NANJUNDAIAH,
AGED ABOUT 59 YEARS,
WAS WORKING AS SUB-REGISTRAR,
OFFICE OF THE SUB-REGISTRAR,
CHIKKABALLAPURA - 562101.
(NOW UNDER AN ORDER OF SUSPENSION)
... PETITIONER
(BY SRI. M.S. BHAGWAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE
(STAMPS AND REGISTRATION),
M.S. BUILDING, BANGALORE-560001.
2. THE INSPECTOR GENERAL
OF REGISTRATION AND
COMMISSIONER FOR STAMPS,
KANDAYA BHAVANA, K.G.ROAD,
BANGALORE-560009.
W.P.No.15245/2018 C/W
W.P.No.15246/2018
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3. THE DISTRICT REGISTRAR
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA-562101.
... RESPONDENTS
(BY SRI. VASANTH V.FERNANDES, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS FROM THE RESPONDENTS, QUASH THE
IMPUGNED ORDER DTD: 26.3.2018 PASSED IN APPLICATION
No.830/2018 BY THE HON'BLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE [ANNEXURE-A]
AND ALLOW THE SAID APPLICATION No.830/2018 AS PRAYED
FOR BY THE PETITIONER BEFORE THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE AND ETC.,
IN W.P.NO.15246 OF 2018
BETWEEN:
SRI Y N RAMACHANDRAIAH
S/O LATE Y K NANJUNDAIAH,
AGED ABOUT 59 YEARS,
WAS WORKING AS SUB-REGISTRAR,
OFFICE OF THE SUB-REGISTRAR,
CHIKKABALLAPURA-562101
(NOW UNDER AN ORDER OF SUSPENSION)
... PETITIONER
(BY SRI. M S BHAGWAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE
(STAMPS AND REGISTRATION),
M.S. BUILDING,
BANGALORE-560001
W.P.No.15245/2018 C/W
W.P.No.15246/2018
- 3-
2. THE INSPECTOR GENERAL
OF REGISTRATION AND
COMMISSIONER FOR STAMPS,
KANDAYA BHAVANA,
K.G.ROAD,
BANGALORE-560009.
... RESPONDENTS
(BY SRI. VASANTH V.FERNANDES, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS FROM THE RESPONDENTS, QUASH THE
IMPUGNED ORDER DTD: 26.3.2018 PASSED IN APPLICATION
No.829/2018 BY THE HON'BLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE [ANNEXURE-A]
AND ALLOW THE SAID APPLICATION No.829/2018 AS PRAYED
FOR BY THE PETITIONER BEFORE THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
These two writ petitions against the same and common order dated 26.03.2018, as passed by the Karnataka State Administrative Tribunal ('Tribunal') in Application Nos.830/2018 and 829/2018 involving inter-related facts, have been considered together and are taken up for disposal by this common order.
W.P.No.15245/2018 C/W W.P.No.15246/2018
- 4- The petitioner had been working as Sub-Registrar, Chikkaballapura. He was charged of misconduct as regards registration of a particular Lease Deed dated 20.06.2017 as document No.1313/2017-18 on the allegations that the schedule property in the said document included both converted and agricultural land and there was a prohibition against registration of such land under the Karnataka Land Reforms Act, 1961. The petitioner was served with Articles of Charge dated 22.12.2017 and the Disciplinary Authority appointed an Inquiry Officer by the order dated 05.01.2018. Then, by another order dated 23.01.2018, the petitioner was placed under suspension. While questioning the very initiation of such disciplinary proceedings as also while questioning the order placing him under suspension, the petitioner preferred two Applications bearing Nos.829/2018 and 830/2018 respectively before the Tribunal. The Tribunal has decided both the applications with the impugned common order dated 26.03.2018 and, finding no ground to interfere, has rejected both the applications.
W.P.No.15245/2018 C/W W.P.No.15246/2018
- 5- The order passed in Application No.830/2018 relating to the order of suspension is challenged by the petitioner in W.P.No.15245/2018.
The other part of the order impugned concerning the disciplinary proceedings and relating to Application No.829/2018 is challenged by the petitioner in W.P.No.15246/2018.
As regards W.P.No.15245/2018, learned counsel for the parties submit ad idem that since after filing of this petition, the order placing the petitioner under suspension has been revoked and the petitioner has now been posted as Sub-Registrar at Madhugiri, Tumakuru District.
In view of the submissions so made, this petition is treated as infructuous and stands disposed of as such.
So far as W.P.No.15246/2018 is concerned, learned counsel for the petitioner has strenuously argued that the disciplinary proceedings against the petitioner are entirely unwarranted as he had registered the document for being duty bound to do so while working as Sub-Registrar and he has not committed any misconduct.
W.P.No.15245/2018 C/W W.P.No.15246/2018
- 6- Having given thoughtful consideration to the entire matter, we are not inclined to consider any interference at this stage.
Perusal of the record and the order impugned makes it clear that the Tribunal has taken note of all the facts and circumstances of the case with reference to the law applicable and has declined to interfere, while observing as under:
"11. Further, it is well settled that interference in the conduct of disciplinary proceedings and the consequential order that may be passed by the disciplinary authority is permissible only (i) where the disciplinary proceedings are initiated by an incompetent authority; (ii) such proceedings are in violation of any statutory rule of law; (iii) where there has been gross violation of principles of natural justice; and (iv) on account of proven bias and mala fides. None of the above ground is present in the case on hand warranting interference with the impugned orders. The decisions on which the Applicant has placed reliance are of no avail to the case of the Applicant. The Applications are devoid of merit."
We are satisfied that the Tribunal has proceeded on relevant considerations and no case of any jurisdictional error is made out so as to call for interference in the writ jurisdiction.
However, having regard to the facts and circumstances of the case, it does appear appropriate to observe that the W.P.No.15245/2018 C/W W.P.No.15246/2018
- 7- respondents are expected to conclude the disciplinary proceedings at the earliest and for that matter, it is also required of the petitioner to co-operate in the same. It would be expected of the parties that the disciplinary proceedings are brought to finality at the earliest, preferably within sixty days from today.
With the observations foregoing, this petition stands disposed of.
SD/-
CHIEF JUSTICE SD/-
JUDGE JT/-