Karnataka High Court
Dr B R Ambedkar Sc/St Association vs New Mangalore Port Trust on 16 September, 2009
Author: K.Bhakthavatsala
Bench: K.Bhakthavatsala
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 16m DAY OF SEPTEMBER 200:?"-es PRESENT THE HONBLE Mr.JUsT1cE VGOPALA. T' A AND THE I-iON'BLE Dr.JUS'l'IC_E WRIT APPEAL No.337*i'ee<§['I«' 20O§g'SfR}3S).'1v;: BETWEEN: D1'.B.R.Ambedkar, SC / ST Associati_Qi'1V__of New Mangalore Rep: by its Gefiefal-Sectetémy. . ...APPELLANT (Sri .f5;~}-V . . AND: M 1. New Msr1ga10re~_Psr£ Rep'; By its "Ch'airmaI1, * _ Panariibt-$575010. Karnataka. Rum A' ' hm ,. ._ Secretary, ' Departmerit of Social Welfare, Vikasa Soudha, Bangalore-- 1. T_he Tahsi1dar. Hosadurga Taluk, V __C_Ahitradurga District, Chitradurga. . Sr)', Aleshappa, Assistant Executive Engineer (E1ec.), New Mangalore Port Trust, Panambur--575 010. ...RESPO§\DE\ITS (Smtixsha Mliumbaragirimath, HCGP) \N/~ This WA is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed "in the writ petition No.24591/2009 dated 20.08.200S}'."V .. This WA coming on for preliminary * day, GOPALA GOWDA, J. delivered the follo'.vir_:ig; _ Junamgiigr The correctness of the oi.tire.lleaiinerl"l's'1ngle Judge declining to give':d.irecti'on'.'respondent
to terminate the .lr;esgp_ondent as he has obtained the fake caste certificate th:isl""ap';ieal urging various at paragraph-3 has extracted "before the first respondent and the rsarne i-reads thus:
also understood that your Association had it similar complaint to the S.P., Civil Rights _'l'll'Enforc_ernent Cell, Mangalore on 08.06.2001 and .the Verification conducted by the SF'. reveals that it ' Aleshappa belongs to ST Category "Nayaka [Valrniki}" and accordingly you have been informed of the outcome of the investigation vide his letter dated 23.08.2001. In view of the above, the matter is being treated as closed."
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2. Placing reliance on the said finding, learned single Judge found that the matter does not calijfor interference as the right or the interest':i.....9'f Association is not violated by virtue respondent having secured promotion... g not find any reason whatsoever tor._interfea:r'ei' order of the learned single eitfrgnnined the case of the rightly satisfied with ;by SF, Civil Rights Associations right isiivnet i i'
3. Thisg%appea-leis Vdeifoid of merit and is accordingly dismissed.
Sd/-
JUDGE sax-
JUDGE AI/-