Sri H.T. Venkatesh vs State Of Karnataka on 11 December, 2020

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Karnataka High Court

Sri H.T. Venkatesh vs State Of Karnataka on 11 December, 2020

Bench: R Devdas

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 11TH DAY OF DECEMBER, 2020

                          BEFORE

         THE HON'BLE MR.JUSTICE R DEVDAS

       WRIT PETITION NO.14518 OF 2020 (S-RES)

BETWEEN

SRI.H.T.VENKATESH,
AGED ABOUT 59 YEARS,
ASSISTANT ENGINEER GR-II
W/AT ASST. EXECUTIVE ENGINEER,
KARNATAKA RURAL INFRASTRUCTURE
DEVELOPMENT LIMITED,
URBAN SUB-DIVISON,
BENGALURU

R/AT 972, 65TH CROSS,
5TH BLOCK, RAJAJINAGAR,
BANGALORE-560010
                                            ....PETITIONER
(BY SRI. GIRI KUMAR.S.V.,ADVOCATE)

AND

1.     STATE OF KARNATAKA
       REP. BY ITS SECRETARY,
       RURAL DEVELOPMENT AND
       PANCHAYATH RAJ DEPARTMENT,
       VIDHANA SOUDHA,
       BANGALORE-560001

2.     THE MANAGING DIRECTOR
       KARNATAKA RURAL INFRASTRUCTURE
       DEVELOPMENT LIMITED,
       GRAMEENABHIVRUDDHI BHAVANA,
       4TH & 5TH FLOOR, ANAND RAO CIRCLE,
       BENGALURU-560009
                            2

3.   THE APPELLATE AUTHORITY,
     CUM BOARD OF DIRECTORS,
     KARNATAKA RURAL INFRASTRUCTURE
     DEVELOPMENT LIMITED,
     GRAMEENABHIVRUDDHI BHAVANA,
     ANANDA RAO CIRCLE,
     BENGALURU-560009              ...RESPONDENTS

(BY SMT. M.C.NAGASHREE, AGA FOR R1;
NOTICE IS D/W IN RESPECT OF R2 AND R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
DIRECTION SEEKING THE R-3 TO CONSIDER THE APPEAL
FILED BY THE PETITIONER HEREIN ON MERITS WITHIN TIME
BOUND MANNER.

     THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

R. DEVDAS J., (ORAL):

Learned AGA is directed to take notice for respondent No.1.

Issuance of notice to respondents No.2 and 3 is dispensed with for the following reason.

Learned counsel for the petitioner submits that the petitioner who is working as Assistant Engineer Grade-II with respondent No.2-Karnataka Rural Infrastructure Development Limited has been imposed 3 with a penalty of deduction of Rs.25,000/- per month up to six months by order dated 22.09.2020.

2. Learned counsel submits that petitioner is due to retire during the month of January 2021, the petitioner has approached respondent No.3-Appellate Authority calling in question the order of punishment dated 22.09.2020. The learned counsel submits that for some reason the Appellate Authority is not holding the sitting and therefore, the petitioner is put to lot of inconvenience inasmuch as though an appeal have been filed, no proceedings have taken place and the petitioner is not in a position to secure any interim direction at the hands of the Appellate Authority.

3. When this Court observed that the order dated 22.09.2020 has possibly been implemented and only one month is left for the superannuation of the petitioner, at this stage, learned counsel for the petitioner prays that the matter may be disposed of with 4 a direction to respondent No.3-Appellate Authority to conclude the proceedings as expeditiously as possible.

4. Consequently, this Writ Petition stands disposed of with a direction to respondent No.3- Appellate Authority to consider the appeal filed by the petitioner as expeditiously as possible and pass orders in accordance with law.

Sd/-

JUDGE rv

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