Smt D Nagarathna vs The Director on 1 February, 2019

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Karnataka High Court

Smt D Nagarathna vs The Director on 1 February, 2019

Bench: Alok Aradhe

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 1ST DAY OF FEBRUARY 2019

                         BEFORE
         THE HON'BLE MR. JUSTICE ALOK ARADHE

        WRIT PETITION NO.31095 OF 2013 (GM-CC)

BETWEEN:

SMT. D. NAGARATHNA
W/O SRI. N. VENKATESH
D/O SRI DASAPPA, 39 YEARS
WORKING AS TECHNICAL OFFICER 'A'
RADAR-B SECTION, LRDE
C.V. RAMAN NAGAR
BANGALORE-560093
AND R/AT. No.344/C, 2ND 'B' CROSS
14TH MAIN, BASAVESWARANAGAR
BANGALORE-560 079.
                                           ... PETITIONER
(By Mr. G.B. NANDISH GOUDA, ADV., FOR
    Mr. R.B. SADASHIVAPPA, ADV.,)

AND:

1.      THE DIRECTOR
        CIVIL RIGHTS ENFORCEMENT
        TANTRIKA SHIKSHANA BHAVANA
        PALACE ROAD
        BANGALORE-560001.

2.    THE ADDL. DIRECTOR GENERAL OF POLICE
     DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
     2ND FLOOR, 'F' BLOCK
     CAUVERY BHAVAN, K.G. ROAD
     BANGALORE-560009.
                                        ... RESPONDENTS
(By Mr. C. JAGADEESH, SPL .COUNSEL, FOR R1 & R2)
                            ---
                                  2



      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTICE     DT.4.4.13,   VIDE    ANN-H   &   THE   ENFORCEMENT
DT.18.5.13, VIDE ANN-J. DIRECT THE R2 TO ISSUE THE COPY OF
THE   COMPLAINT     SAID   TO   HAVE    BEEN   LODGED   BY   THE
EMPLOYEES OF LRDE AGAINST THE PETITIONER & ETC.


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



                               ORDER

Mr.G.B.Nandish Gouda for Mr.R.B.Sadashivappa, learned counsel for the petitioner.

Mr.C.Jagadeesh Special counsel for respondent.

2. The writ petition is admitted for hearing. With consent of the parties, the same is heard finally.

3. In this petition, the petitioner inter alia seeks a writ of certiorari for quashing of the notice dated 04.04.2013 and direct the respondents to issue a copy of the complaint said to have made by the employees of LRDE against the petitioner.

4. When the matter was taken up today, learned counsel for the parties jointly submitted that the controversy involved in this writ petition is squarely covered by order dated 3.11.2013 passed by a Bench of this Court in W.P.No.8625/2012.

5. In view of the aforesaid submission yet for the reasons assigned in this order, the petition is disposed of with a direction that if any notice issued by the Superintendent of Police, CRE Cell, Mysore Division, without any authority of law and if he feels that Superintendent of Police has no power or jurisdiction to re-open the issue or hold a fresh enquiry it is always open for the petitioner to send a reply by questioning the authority of respondent No.2-Superintendent of Police for re-opening and if such reply is sent to the Superintendent of Police, it is for him to consider the same in accordance with law.

Accordingly, the petition is dismissed.

Sd/-

JUDGE SS

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