Karnataka High Court
The State Of Karnataka vs K Vijay Babu on 2 November, 2012
Bench: K.L.Manjunath, Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 2ND DAY OF NOVEMBER, 2012
PRESENT
THE HON'BLE Mr. JUSTICE K.L. MANJUNATH
AND
THE HON'BLE Mr. JUSTICE ARAVIND KUMAR
REVIEW PETITION No.990/2012
BETWEEN:
1. The State of Karnataka,
By its Secretary,
Health & Family Welfare
Services, M.S.Building,
Bangalore.
2. The Director of Health &
Family Welfare Services,
Anand Rao Circle,
Bangalore.
3. The State of Karnataka,
R/by its Secretary,
Dept. of Personnel &
Administrative Reforms,
Vidhana Soudha,
Bangalore.
4. The Commissioner of Health &
Family welfare Services,
Govt. of Karnataka,
Anandrao Circle,
Bangalore.
2
5. State of Karnataka,
By its Chief Secretary,
Vidhana Soudha,
Bangalore. .. APPELLANTS
(By Advocate Smt.Revathi Adinath Narde)
AND:
1. K.Vijay Babu s/o C.Krishnamurthy,
56 years, First Division Asst.,
Primary Health Centre,
Periyasandra, Chikkaballapur Tq.
Kolar Dist. R/at Chikkaballapur.
2. K.S.Ra;ghupathi s/o Chinnappa,
52 years, First Division Asst.,
General Hospital, Chintamani.
Kolar Dist., R/at Chintamani.
3. B.Krishnappa s/o Byrappa,
57 years, Second Division Asst.,
Primary Health Centre, Dibbur,
Chikkaballapur Tq., R/at Dibbur.
Chikkaballapur Tq.
4. M.V.Srinivasappa s/o M.Narayanappa,
55 years, SDA, Primary Health
Centre, Thondebavi, Goribidanur Tq.
R/at Thondebhavi.
5. C.B.Basavaraju s/o C.B.Chikka-
Muniyappa, 54 years, Seconhd
Division Asst., General Hospital,
Chikkaballapur, R/at Chikkaballapur.
6. C.Sriramaiah s/o Chinnappa,
43 years, FDA, General Hospital,
Siddlaghatta, Kolar Dist.
r/at Sidlaghatta.
3
7. B.Manjunatha s/o G.P.Basappa,
43 years, FDA, General Hospital,
Gudibanda, Kolar Dist.
r/at Gudibanda.
8. B.K.Kattimani, 39 years,
Research Asst., Population
Centre, II Cross, Malleshwaram,
Bangalore.
9. Dr.S.V.Deshpande, 48 years,
Research Asst., Population
Centre, II Cross, Malleshwaram,
Bangalore.
10. Ramachandra Reddy, 40 years,
X RAY TECHNICIAN
STATE LADY WILLINGTON TB CENTRE,
IPP BUILDINGS, KCG COMPOUND,
MALLESHWARAM, BANGALORE-560 003.
11 RAMAKRISHNA T WADDAR
AGED ABOUT 40 YRS,
HELPER, EQUIPMENT WORKSHIP
DIST HOSPITAL,
BELGAUM.
12 S RAVIKUMAR
AGED ABOUT 37 YRS,
DRIVER, OFFICER OF THE COMMISSIONER
HEALTH AND FAMILY WELFARE DEPT,
ANANDA RAO CIRCLE,
BANGALORE-560 009.
13 A IMTIAZ
AGED ABOUT 57 YRS,
DRIVER, DIRECTORATE OF HEALTH & FAMILY
WELFARE DEPT, ANANDA RAO CIRCLE,
BANGALORE-560 009.
4
14 SHIVANANDA M PATANKAR
AGED ABOUT 37 YRS,
X RAY TECHNICIAN
GOVT GENERAL HOSPITAL
KUNDAPUR, UDUPI DIST.
15 M H NAIK
S/O.H M NAIK
AGED ABOUT 41 YRS,
X RAY TECHNICIAN
GOVT HOSPITAL, SIDDAPUR.
16 GOPAL KRISHNA M BHAT
AGED ABOUT 39 YRS,
X RAY TECHNICIAN
GOVT HOSPITAL, YELLAPUR 581 359,
KARWAR.
17 N NAZARULLA
AGED ABOUT 43 YRS,
X RAY TECHNICIAN
DIST, T B CENTRE,
CHITRADURGA-577 501.
18 MOH. RAFIULLA
AGED ABOUT 41 YRS,
X RAY TECHNICIAN
DIST HOSPITAL,
CHITRADURGA.
19 SYED AHMEDULA HUSSAMI
AGED ABOUT 41 YRS,
C/O.DIST T B CENTRE,
RAICHUR-584 102.
20 MARUTHI RAMA NAIK
AGED ABOUT 40 YRS,
X RAY TECHNICIAN
DIST HOSPITAL
RAICHUR 584 102.
5
21 ARAVIND BHASKAR GOUDEUAR
S/O.BHASKAR K GOUDENAR
AGED ABOUT 44 YRS,
X RAY TECHNICIAN
GOVT. GENERAL HOSPITAL,
SHORAPUR-585 224.
22 DURGATAI
S/O.LATE MADHUKAR B MAGANKAR
AGED ABOUT 38 YRS,
X RAY TECHNICIAN
DIST HOSPITAL,
BELLARY.
23 CHANDRASHEKAR
S/O.KAREGOWDA D
AGED ABOUT 46 YRS,
X RAY TECHNICIAN
TALUK HOSPITAL, HANGAL,
HAVERI DIST.
24 THE DIRECTOR
POPULATION CENTRE,
2ND CROSS, MALLESHWARAM,
BANGALORE-560 003.
25 THANOJI RAI JADHAV
AGED ABOUT 46 YRS,
S/O. JARAKOJI RAO
X RAY TECHNICIAN
GENERAL HOSPITAL, SAVANOOR,
HAVERI DIST.
26 T R GOPINATH
AGED ABOUT 42 YRS,
S/O.T RAMAIAH
X RAY TECHNICIAN
GENERAL HOSPITAL
CHANNAPATNA,
BANGALORE RURAL DIST.
6
27 SHANKAR S SARWADE
AGED ABOUT 36 YRS,
S/O.SHIVAPPA
X RAY TECHNICIAN
GENERAL HOSPITAL,
MUNDARGI, GADAG DIST.
28 RAMADAS
AGED ABOUT 41 YRS,
S/O.T S GUNDAPPA
HELPER, GENERAL HOSPITAL,
CHIKMAGALORE.
29 ERANNA HUCHAPPA WADAWADAGI
AGED ABOUT 43 YRS,
S/O. CHIKKAPPA WADAWADAGI
X RAY TECHNICIAN
GENERAL HOSPITAL,
TALIKOTE, BIJAPUR DIST.
30 BASAVARAJ POLICE GOWDAR
AGED ABOUT 43 YRS,
S/O.SHIVANNA GOWDA POLICE GOWER,
X RAY TECHNICIAN, RON,
GADAG DIST.
31 RAMESH PYATI
JUNIOR ENGINEER
AGED ABOUT 39 YRS,
S/O.LACHAPPA PYATI
DIST EQUIPMENT WING,
DIST:HOSPITAL, RAICHUR.
32 VIRUPAKSHAPPA B
MECHANIC
AGED ABOUT 39 YRS,
S/O.BASAVANTH, HEALTH AND FAMILY WELFARE
TRAINING CENTRE, KARWAR.
7
33 SHIVANANDA L PATAGAR
MECHANIC, AGED ABOUT 38 YRS,
S/O.NARAYAN S PATAGAR,
DIST HOSPITAL, KARWAR.
34 S A ATHANI
ASST. ENGINEER
AGED ABOUT 46 YRS,
S/O. A M ATHANI
DIST .EQUIPMENT WING
DIST. HOSPITAL, BELGAUM.
35 MARUTHI V GURUVA
JUNIOR ENGINEER
AGED ABOUT 43 YRS,
S/O.VENKATAPPA J E
DIST. EQUIPMENT WING,
DIST. HOSPITAL, BELGAUM.
36 MANIKUMAR
TECHNICIAN
AGED ABOUT 41 YRS,
S/O.SHIVAKUMAR
DISTRICT HOSPITAL,
SHIMOGA.
37 NAUSHAD ALI
TECHNICIAN
AGED ABOUT 41 YRS,
S/O.YESAF ALI
DISTRICT HOSPITAL,
GULBARGA.
38 JEDEEPA
HELPER,
AGED ABOUT 41 YRS
S/O.ERAPPA
DIST HOSPITAL, BELLARY.
8
39 S MEHBOOBA BASHA
TECHNICIAN
AGED ABOUT 44 YRS,
S/O.SYED KHAN
DISTRICT HOSPITAL,
BELLARY.
40 MAHADEVAPPA B
HELPER
AGED ABOUT 42 YRS,
S/O.BASAPPA
DISTRICT HOSPITAL,
RAICHUR.
41 SURYAKANT RATHOD
TECHNICIAN
AGED ABOUT 43 YRS,
S/O.GENU RATHOD
DISTRICT HOSPITAL AND FW OFFICE,
GULBARGA.
42 BASAVARAJ S SAKRI
MECHANIC,
AGED ABOUT 43 YRS,
S/O.GOVINDAPPA
DISTRICT HEALTH AND FAMILY
WELFARE OFFICE, BAGALKOT.
43 M RAMESH
SKILLED ASSISTANT,
AGED ABOUT 42 YRS,
R/O.RUKARAMAPPA KAKTAPUR,
DISTRICT HOSPITAL,
BELLARY.
44 S DUNDAPPA
SKILLED ASST,
AGED ABOUT 40 YRS,
S/O.SHANKARA NAIKODI,
9
DISTRICT HOSPITAL
BIJAPUR.
45 KAMALAKAR
SKILLED ASST
AGED ABOUT 41 YRS,
W/O.WANAKAR POUL,
DISTRICT, HOSPITAL, BIDAR.
46 JAGANATH
SKILLED ASST
AGED ABOUT 40 YRS,
S/O.NARASAPPA TELKAR
DISTRICT HOSPITAL,
RAICHUR.
47 ARUN S
SKILLED ASST
AGED ABOUT 41 YRS,
S/O.GURUPADAPPA,
DISTRICT HOSPITAL,
BIJAPUR.
48 ASHOK B VANAROTTI
SKILLED ASST
AGED ABOUT 41 YRS,
S/O.GURUPADAPPA,
DISTRICT HOSPITAL,
BIJAPUR.
49 RAVINDRA M BAVALATTI
SKILLED ASST
AGED ABOUT 39 YRS,
S/O.MUTAPPA BAVALLATTI,
DISTRICT HOSPITAL,
BIJAPUR.
50 LAXMAN H SARANG
TECHNICIAN,
AGED ABOUT 47 YRS,
10
S/O.HANUMANTHAPPA,
DISTRICT HOSPITAL,
BIDAR.
51 H VISHWANATH
ASSISTANT ENGINEER
AGED ABOUT 47 YRS,
S/O.PANUMANTHAPPA
SUB DIVISION, KOPPAL.
52 DUNDAPPA DUGUR
MECHANIC
AGED ABOUT 46 YRS,
S/O.JETTAPPA
DISTRICT HEALTH AND F W OFFICE,
GULBARGA. .. RESPONDENTS
- - - - -
This RP is filed under Order-47 Rule-1 & 3
of CPC for review the order dated 26.8.2011
passed in WP No.3004/2007 on the file of this
court.
This petition coming on for orders this
day, the Court made the following:
O R D E R
There is a delay of 357 days in filing the review petition. Heard the Govt. Advocate for the petitioner and perused the affidavit filed in support of the application. Writ petition was dismissed after hearing the Govt. Advocate on 26.8.2011. On perusal of the affidavit it is 11 clear to the court that no sufficient cause is shown to condone the delay of 357 days. Entire affidavit discloses how the case papers are processed and moved from table to table slowly as a snail. Hon'ble Apex Court in various judgments has ruled that delay has to be properly explained and sufficient cause has to be shown even if the matter is concerning the Government and Government has to be treated on par with any other ordinary litigant and there cannot be any special immunity for the review petitioners. Therefore, we do not see any reasons to condone the delay of 357 days.
2. Accordingly, I.A1/12 is dismissed. Consequently, review petition is dismissed.
Sd/-
JUDGE.
Sd/-
JUDGE.
R/121012