Karnataka High Court
Sri Sudarshan S K vs The Principal on 20 March, 2023
Author: Prasanna B. Varale
Bench: Prasanna B. Varale
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WA No. 1322 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT APPEAL NO. 1322 OF 2022 (S-RES)
BETWEEN:
SRI. SUDARSHAN S K
S/O S V KRISHNA SHETTY
AGED ABOUT 60 YEARS
RESIDING AT NO.469, FF2
VIKASA NILAYA, SRINIDHI LAYOUT
NEAR MARUTHI GARMENTS
SUBRAMANYAPURA POST
BANGALORE-560061.
...APPELLANT
Digitally signed (BY SMT. SHEELA ADAVEESHIAH., ADVOCATE)
by R DEEPA
Location: High AND:
Court of
Karnataka 1. THE PRINCIPAL
T. JOHN INSTITUTE OF TECHNOLOGY
NO.88/1, GOTTIGERE
BANNERGHATTA ROAD
KARNATAKA-560083.
2. THE HEAD OF DEPARTMENT
DEPARTMENT OF CIVIL ENGINEERING
T. JOHN INSTITUTE OF TECHNOLOGY
NO.88/1, GOTTIGERE,
BANNERGHATTA ROAD
KARNATAKA-560083.
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WA No. 1322 of 2022
3. THE ADMINISTRATIVE OFFICER
T. JOHN INSTITUTE OF TECHNOLOGY
NO.88/1, GOTTIGERE,
BANNERGHATTA ROAD
KARNATAKA-560083.
4. THE CHAIRMAN
T. JOHN INSTITUTE OF TECHNOLOGY
NO.88/1, GOTTIGERE
BANNERGHATTA ROAD
KARNATAKA-560083.
...RESPONDENTS
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THE APPEAL AND
MODIFY ORDER OF THE LEARNED SINGLE JUDGE IN W.P. NO.
14571/2022, DATED 14.10.2022 AND GRANT RELIEF AS
SOUGHT IN THE WRIT PETITION BY ALLOWING THE WRIT
PETITION ETC.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, ASHOK S. KINAGI, J., DELIVERED THE
FOLLOWING:
ORDER
This intra-court appeal is filed under Section 4 of the Karnataka High Courts Act challenging the order dated 14.10.2022, passed in W.P.No.14571/2022 by the learned Single Judge.
2. Brief facts leading rise to filing of this appeal are as under:
-3-WA No. 1322 of 2022
The appellant was appointed as Assistant Professor in Civil Engineering Department of the respondent - Institution. The appellant was given charge as HOD in Civil Engineering Department for brief period. Respondent No.2 called upon him and informed to resign without assigning any reason. The appellant applied for casual leave from 17th September, to 22nd September which was approved by respondent No.2. The appellant's Bio Metric swiping and his official E-mail ID was blocked by the respondent and he was stopped by the Security Guard who blocked him from entering the respondent - Institution on the instruction of respondent No.1. The appellant checked his bank account and found that respondent No.2 has not credited the salary of the appellant from September, 2021. The petitioner sent an e-mail to respondent Nos.1 to 4 requesting them to release his salary for the month of September 2021. The appellant has also sent a legal notice to the respondents for release of salary. Inspite of service of legal notice and e-mail, the respondents have not deposited the salary for the month of September, -4- WA No. 1322 of 2022 2021. Hence, the petitioner has filed this writ petition seeking for a mandamus directing respondents to pay compensation of Rs.10,00,000/- for harassment and loss of livelihood that the petitioner is suffering from October, 2021 till date. The learned Single Judge after hearing the parties, dismissed the writ petition. Hence, this appeal.
3. Heard the learned counsel for the appellant.
4. Learned counsel for the appellant submits that the respondents are harassing the appellant and further submits that the respondents are mentally harassing the appellant by blocking e-mail ID and Bio Metric swiping. Hence, he submits that the respondents are torturing the appellant and is entitled to compensation for the mental agony. Hence, he submits that the learned Single Judge has committed an error in dismissing the writ petition.
5. Heard and perused he records and considered the submissions of the learned counsel for the appellant. -5- WA No. 1322 of 2022
6. It is not it dispute that the petitioner was working as Assistant Professor in the Civil Engineering Department of respondent No.2 - Institution. Further, he was given a charge as HOD of Civil Engineering Department for a brief period. It is the case of the appellant that the appellant was forced to resign from the said post and further, he was prevented from attending the college premises and it is stated that the Bio Metric, swiping and official email ID was blocked. The petitioner has filed this writ petition seeking for mandamus to pay compensation of Rs.10,00,000/-. Though the respondent appeared did not chosen to file the statement of objections. The relief sought by the petitioner is for payment of compensation. The Court under Article 226 of the Constitution of India would not be in a position to assess the compensation or damages. The learned Single Judge dismissed the writ petition on the ground that the writ court would not be in a position to assess the compensation and writ petition filed by the appellant is not maintainable and liberty is reserved to the appellant to -6- WA No. 1322 of 2022 approach the appropriate remedy and seek appropriate relief. As the writ petition involve adjudication of disputed question of fact, they are not maintainable under Article 226 of the Constitution of India. Hence, the writ petition filed by the appellant is not maintainable. The learned Single Judge was justified in dismissing the writ petition.
7. We do not find any error apparent on the face of the record warranting indulgence of this Court. Hence, we declined to interfere with the impugned order. Accordingly, we proceed to pass the following:
ORDER The writ petition is dismissed.
However, liberty is reserved to the appellant to seek appropriate relief before the appropriate forum, if so advised.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE SSB