Karnataka High Court
Dr.B.O.Hanumanthappa vs State Of Karnataka And Ors on 25 November, 2015
Author: A.S.Bopanna
Bench: A.S. Bopanna
-1-
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF NOVEMBER, 2015
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
WRIT PETITION NO.202372/2014 (S-RES)
BETWEEN:
Dr. B.O. Hanumanthappa
S/o Hirehalli Obappa,
Aged about: 59 years,
Working as Director,
Bidar Institute of Medical Science,
Bidar - 585 401.
.... Petitioner
(By Sri D. Pavanesh, Advocate for
Sri M.S. Bhagwat, Advocate)
AND:
1. State of Karnataka
Department of Health and Family
Welfare Services, (Medical Education),
Represented by its Principal Secretary,
Vikasa Soudha, Bangalore - 560 001.
2. Bidar Institute of Medical Sciences
An Autonomous Institution of
Government of Karnataka,
Represented by its Chief Administrative
Officer, Bidar District, Bidar - 585 401.
3. The Governing Council
Bidar Institute of Medical Sciences,
Represented by its Chairman,
Bidar District, Bidar - 585 401.
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4. Dr. T.A. Shepoor
Father's name not known,
Major,
Working as Director,
Gulbarga Institute of Medical Sciences,
Gulbarga - 585 101.
.... Respondents
(By Sri A. Syed Habeeb, AGA for R1,
Sri Ganesh Naik, Advocate for
Sri Vilas Rao More, Advocate for R2 & R3,
Notice to R4 is dispensed with vide order dated 20.11.2015)
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to call for records and issue
writ or order, quashing the impugned Orders dated
15.02.2014 bearing No:AAKUKA 155 MSF 2012 (I) (Annexure-
A) as well as order bearing AAKUKA 155 MSG 2013 (2)
(Annexure-L) passed by the 1st respondent and grant all
consequential benefits to the petitioner.
This Writ Petition coming on for preliminary hearing
this day, the Court made the following:
ORDER
The petitioner is before this Court assailing the order dated 15.02.2014 and the order of even date at Annexure-L to the petition.
2. Pending the enquiry proposed against the petitioner, the petitioner was sought to be divested from the post he was holding through the order dated -3- 15.02.2014. It is in that light the fourth respondent was appointed incharge to the said post.
3. The petitioner on assailing the order dated 15.02.2014 before this Court in this petition, this Court at the first instance had granted the interim order and therefore the petitioner had continued. Though this Court subsequently vacated the interim order on 25.04.2014, it is not in dispute that the petitioner had assailed the same in Writ Appeal No.1175/2014 and based on the interim order granted therein the petitioner had continued to hold the post. Subsequently, the writ appeal has been disposed of on 16.10.2015.
4. Though contentions have been urged to assail the orders impugned herein, the subsequent developments are required to be noticed. By the order dated 21.06.2014 the petitioner was sought to be relieved from the post on the ground that the period for which he had been appointed has elapsed. However, in view of the interim order granted by this Court, the petitioner -4- claimed to continue in the said post and in any event on attaining the age of superannuation on 31.08.2014 the petitioner has been relieved.
5. If that be the position, the order impugned herein had not been given effect till the petitioner had retired on attaining the age of superannuation. If that be the position, the orders impugned have lost its efficacy and the petitioner cannot be visited with the consequence of the same since the continuation of the petitioner even after the impugned order was based on the interim orders granted by this Court.
6. Therefore, with the said clarification to the effect that the petitioner would be entitled to the benefits till the date of superannuation, the petition stands disposed of.
Sd/-
JUDGE swk