M.B. Hasanabi vs State Of Karnataka on 13 November, 2020

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Karnataka High Court

M.B. Hasanabi vs State Of Karnataka on 13 November, 2020

Bench: P.B. Bajanthri

                           1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

 DATED THIS THE 13TH DAY OF NOVEMBER, 2020

                       BEFORE

     THE HON'BLE MR.JUSTICE P.B. BAJANTHRI


       WRIT PETITION NO.15474/2015(GM-RES)

BETWEEN:

M.B. HASANABI
D/O M.S. BUDENASAB,
AGED ABOUT 45 YEARS,
ASSISTANT TEACHER,
GOVERNMENT PRIMARY SCHOOL,
SIDDANUR LAMBANI HATTI,
DAVANAGERE TQ DISTRICT
PIN - 577 006                            ... PETITIONER

(BY SRI. RAMAKRISHNA .N, FOR
    SRI. M.R. HIREMATHAD, ADVOCATES)

AND:

1.     STATE OF KARNATAKA,
       REPRESENTED BY ITS SECRETARY,
       COMMISSIONER,
       DEPARTMENT OF PUBLIC
       INSTRUCTIONS, K.R. CIRCLE,
       NRUPATHUNGA ROAD,
       BANGALORE - 560 001.

2.     THE DEPUTY DIRECTOR,
       DEPARTMENT OF PUBLIC
       INSTRUCTIONS, DAVANAGERE
       DISTRICT, DAVANAGERE - 577 002.

3.     THE BLOCK EDUCATION OFFICER,
       (ENQUIRY AND INVESTIGATION
       OFFICER), OFFICE OF THE BLOCK
                           2




     EDUCATION OFFICER,
     DAVANAGERE (NORTH)
     DAVANAGERE - 577 002.

4.   M.B. SANNABUDENSAB
     S/O M.S. BUDENSAB,
     AGED ABOUT 40 YEARS,
     MALALAKAERE - VILLAGE,
     DAVANAGERE - TQ - DISTRICT - 577 002.

5.   KARNATAKA INFORMATION COMMISSION,
     BY ITS DEPUTY SECRETARY,
     3RD FLOOR, GATE NO.2,
     M.S.BUILDING,
     DR. B.R. AMBEDKAR VEEDHI,
     BANGALORE - 560 001.        ... RESPONDENTS

(BY SRI. LAXMINARAYAN, AGA FOR R-1 TO R-3.
    (MA NOT FILED), SRI. D.P. MAHESH FOR R4,
    SRI. SHARATH GOWDA G.B., FOR R-5, ADVOCATES)

     THIS WRIT PETITION FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR THE ENTIRE RECORDS FROM THE R-3 IN
RESPECT OF THE ENQUIRY PROCEEDINGS AND ETC.,

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING - B GROUP PHYSICAL HEARING / VIDEO
CONFERENCING HEARING (OPTIONAL), THIS DAY, THE
COURT MADE THE FOLLOWING:-


                      ORDER

Petitioner is an Assistant Teacher in the Government Primary School, Siddanur Lambani Hatti, Davanagere District. His grievance in the present petition relates to service condition r/w the 3 personal information is to be provided to the R.T.I. applicant/4th respondent or not?.

2. Perusal of Annexure-F dated 20.2.2015 in appointing, enquiring and Presenting Officer, this Court has no jurisdiction in view of the Apex Court decision in the case of L.Chandra Kumar vs. Union of India reported in (1997) 3 SCC 261 and this Court in the case of Sri.Shivaprasad Biradar vs. Karnataka Lokayukta and others in W.A.No.200715/2018 (S-DE) and B.Suresh Vs. State of Karnataka and others reported in 2002(5) KLJ 202 (DB).

3. In the case of Sri.B.Suresh Vs. State of Karnataka and others paragraphs 8 and 9 held as under:-

"8. We are fortified in this view by decision in Piar Chand v. Himachal Pradesh Public Service Commission, where a Division Bench of the Himachal Pradesh High Court considered an identical question and held 4 that service under the Public Service Commission is a 'Civil Service' of the State and members of its staff are holding civil posts under the State. The following observations are relevant:

"The State, referred to in Article 323A and Section 15 of the Administrative Tribunals Act cannot be, equated with the Government; the Government being only a limb of the State. It is true that the Public Service Commission is an independent body established under Article 315 of the Constitution..... The functions of the Public Service Commission are enumerated in Article 320 of the Constitution. The Public Service Commission though independent of the Government is also an organ of the State machinery and service under the State Public Service Commission is part of the Civil Service of the State".

9. We therefore, direct that these two petitions be transferred to the Karnataka Administrative Tribunal for disposal in accordance with law."

4. In view of these facts and circumstances, the present petition is required to be transmitted to the State Administrative Tribunal. Registry is hereby directed to transmit the writ papers to the State Administrative Tribunal within a period of eight weeks from today. State Administrative Tribunal is hereby requested to decide the renumbered application within a reasonable period of six months from the date of receipt of writ papers.

Writ petition stands disposed of accordingly.

Sd/-

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