Karnataka High Court
Dr.Soumya D/O. Basavraj Sunkad vs The State Of Karnataka on 24 February, 2014
Bench: N.Kumar, C.R.Kumaraswamy
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24 T H DAY OF FEBRUARY, 2014
PRESENT
THE HON'BLE MR. JUSTICE N.KUMAR
AND
THE HON'BLE MR. JUSTICE C.R.KUMARASWAMY
WRIT PETITION No.103199 OF 2014 [S-KAT]
BETWEEN:
DR.SOUMYA D/O. BASAVRAJ SUNKAD
AGE: 29 YEARS, ASSISTANT COMMISSIONER
COMMERCIAL TAXES, R/O. DHARWAD
DIST: DHARWAD
... PETITIONER
(By Sri. JAGADISH PATIL ADV.)
AND:
1. THE STATE OF KARNATAKA
REPTD. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
VIDHAN SOUDHA, BANGALORE-560001.
2. THE KARNATAKA PUBLIC SERVICE
COMMISSION, REPTD. BY ITS SECRETARY
UDYOG SOUDHA,BANGALORE-01.
3. SIDDESHWAR S/O.NAGAPPA
AGE: 32 YEARS, R/O. NEHRU NAGAR,
ANAVATTI, SORABA TALUK, DIST: SHIMOGA
... RESPONDENTS
(By Sri.C.S.PATIL, AGA)
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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF
CONSTITUTION OF INDIA PRAYING TO:
A) QUASHING THE ORDER OF THE
KARNATAKA ADMINISTRATIVE TRIBUNAL
IN APPEAL No.4118/2013 DATED
3/12/2013 VIDE ANNEXURE-F.
B) QUASHING THE ORDER OF KARNATAKA
PUBLIC SERVICE COMMISSION VIDE
NOTIFICATION No.E(1) 2537/13-14/PSC
DATED 17/2/2014 VIDE ANNEXURE-G.
THE ADVOCATE FOR THE PETITIONER HAS FILED
I.A. No.2/2014 U/S.151 OF CPC, PRAYING THAT THE
PRESENT PETITIONER MAY BE PERMITTED TO PROSECUTE
THE PETITION.
This petition coming on for Preliminary
hearing this day, N.Kumar, J., made the
following:-
O R D E R
I.A. No.2/2014 is filed seeking permission of the Court to challenge the Order passed by the Karnataka Administrative Tribunal, to which the petitioner is not a party.
2. The grievance is, in terms of the order passed by the Karnataka Administrative Tribunal, she has been demoted and a Notification is also :3: issued to that effect. Therefore, the proper course for the petitioner would be to challenge that Notification, where she has been demoted, pointing out to the Tribunal that it is because of the order passed behind the back, to which she is not a party. She cannot, for the first time, challenge the order before this Court.
Accordingly, the writ petition is dismissed reserving liberty to the petitioner to approach the Tribunal. Consequently, I.A. No.2/2014 is also dismissed.
SD/-
JUDGE SD/-
JUDGE RK/-