Karnataka High Court
Shri.Pramod Zumbar Jadhavar vs The Cotton Corporation Of India Ltd on 18 July, 2023
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2023:KHC-D:7395
WP No. 109297 of 2016
C/W WP No. 109977 of 2017, WP No.
108675 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 109297 OF 2016 (S-DIS)
C/W. WRIT PETITION NO. 109977 OF 2017 (L-TER)
WRIT PETITION NO. 108675 OF 2018 (S-RES)
IN W.P. NO. 109297 OF 2016:
BETWEEN:
CHIRANJIVI TALLAPELLI S/O KOMARAIAH,
AGE. 32 YEARS, EX EMPLOYEE OF COTTON
CORPORATION OF INDIA, COTTON MARKET,
HUBBALLI, DIST: DHARWAD.
... PETITIONER
(BY SRI. RAVI HEGDE, ADVOCATE)
AND:
VISHAL 1. THE CHIEF GENERAL MANAGER,
NINGAPPA (C.O.M.M.-H.R.D.)
PATTIHAL COTTON CORPORATION OF INDIA,
REGD., OFFICE: KAPAS BHAVAN,
Digitally signed by PLOT NO: 3-A, SECTOR 10,
VISHAL
NINGAPPA CBD BELAPUR, NAVI MUMBAI-400614.
PATTIHAL
Date: 2023.07.20
11:19:03 +0530 2. THE BRANCH MANAGER,
COTTON CORPORATION OF INDIA,
COTTON MOARKET, HUBBALLI,
DIST: DHARWAD.
... RESPONDENTS
(BY SRI. S G KADADAKATTI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER
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NC: 2023:KHC-D:7395
WP No. 109297 of 2016
C/W WP No. 109977 of 2017, WP No.
108675 of 2018
QUASHING THE ORDER PASSED BY THE 1st RESPONDENT VIDE
ANNEXURE-E DATED:10.08.2016 COMMINICATED ON
16.08.2016 & ETC.
IN W.P. NO. 109977 OF 2017:
BETWEEN:
SHRI. CHAITANYA S/O RAMAMOHAN CHINTA,
AGE: 30 YEARS, OCC: SERVICE,
R/O: 1-2-60/3, JKC NAGAR,
OPP RVR BED COLLEGE,
GUNTUR-522006.
... PETITIONER
(BY SRI. PRAKASH.K.JAWALKAR, ADVOCATE)
AND:
1. THE COTTON CORPORATION OF INDIA LTD.,
REP BY ITS BRANCH MANAGER,
W.B PLAZA, 3RD FLOOR,
NEW COTTON MARKET,
OPP NORTH TRAFFIC POLICE STATION,
HUBBALLI-580029.
2. THE COTTON CORPORATION OF INDIA LTD.,
R/BY ITS CHIEF GENERAL MANAGER (MKTG/HRD),
OFFICE AT: KAPAS BHAVAN, PLOT NO.3/A,
SECTOR 10, CBD BELAPUR,
NAVI MUMBAI-400674.
... RESPONDENTS
(BY SRI. S G KADADAKATTI, ADVOCATE FOR R1 & R2;
R2 IS GPA HOLDER OF R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTER
APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE
ORDER OF TERMINATION OF HIS EMPLOYMENT WITH THE
RESPONDENTS AS JUNIOR COTTON PURCHASER PASSED BY
THE RESPONDENT VIDE ITS ORDER BEARING
NO.CCI/HO/HRD/2017/9572 DATED:21.09.2017 (COPY OF THE
IMPUGNED ORDER IS PRODUCED AT ANNEXURE-A) & ETC.
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NC: 2023:KHC-D:7395
WP No. 109297 of 2016
C/W WP No. 109977 of 2017, WP No.
108675 of 2018
IN W.P NO. 108675 OF 2018:
BETWEEN:
SHRI. PRAMOD ZUMBAR JADHAVAR
AGE: 31 YEARS, OCC: SERVICE,
R/O: AT POST WARE-WADGAON,
TALUKA BHOOM,
DIST: OSMANABAD,
PIN: 413504.
... PETITIONER
(BY SRI. ANAND R KOLLI, ADVOCATE)
AND:
1. THE COTTON CORPORATION OF INDIA LTD.,
(A GOVERNMENT OF INDIA UNDERTAKING
MINISTRY OF TEXTILE), KAPAS BHAWAN,
PLOT NO.3A, SECTOR-10, CBD BELAPUR,
NAVI MUMBAI, PIN: 400614.
R/BY CHIEF GENERAL MANAGER.
2. THE COTTON CORPORATION OF INDIA LTD.,
(A GOVERNMENT OF INDIA UNDERTAKING
MINISTRY OF TEXTILE), 3RD FLOOR,
WB PLAZA, NEW COTTON MARKET,
P.B. NO. 606, HUBBALLI, PIN: 580029.
R/BY BRANCH MANAGER.
... RESPONDENTS
(BY SRI. S G KADADAKATTI, ADVOCATE FOR R1; R2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED ORDER BEARING NO.CCI/HO/HRD/2016 DATED
10.08.2016 ISSUED BY THE RESPONDENT NO.1 VIDE
ANNEXURE-F & ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:7395
WP No. 109297 of 2016
C/W WP No. 109977 of 2017, WP No.
108675 of 2018
ORDER
1. The petitioners in these writ petitions have questioned the validity of the communications impugned in these writ petitions issued by respondent No.1 terminating the services of the petitioner. Since, the question involved in these writ petitions are similar, all these writ petitions are heard together and disposed of by this common order.
2. Heard the learned counsel appearing for the parties.
3. The petitioners had applied to the post of Junior Cotton Purchasers pursuant to the advertisement issued by the respondent - Corporation in the year 2014. Considering their qualifications and experience, they were issued with the appointment orders by the respondent - Corporation. Subsequently having found that the experience certificates produced by the petitioners were not genuine, a show cause notice was issued to them and thereafter the impugned communications have been issued terminating the petitioners from service. Being -5- NC: 2023:KHC-D:7395 WP No. 109297 of 2016 C/W WP No. 109977 of 2017, WP No. 108675 of 2018 aggrieved by the same, the petitioners are before this Court.
4. The principal contention of the petitioners in these writ petitions are that the Corporation was not justified in issuing the impugned communications without holding an enquiry.
5. The question that would arises for consideration in these writ petitions has been already considered by this Court in the case of Mr. Krishnan K. S/o. M. Kullan Vs. The Chief General Manager (Comm./HRD) and another in W.P. No.100991/2017, disposed off on 14.07.2023. The said writ petition was disposed off based on the orders passed by the Hon'ble Supreme Court in the case of the Cotton Corporation of India Ltd., and another vs. Vignesh S. in Civil Appeal No.6985/2021. Under the circumstances, even these writ petitions are also required to be disposed off even in terms of the orders passed by this Court in W.P. No.100991/2017. Accordingly, the following:
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NC: 2023:KHC-D:7395 WP No. 109297 of 2016 C/W WP No. 109977 of 2017, WP No. 108675 of 2018 ORDER The writ petitions are dismissed. However, it is made clear that, even in these writ petitions, the respondent - Corporation shall not recover any amount paid to the petitioners by way of salary or emoluments, while they were in service.
Sd/-
JUDGE Rsh/Ct:Bck List No.: 1 Sl No.: 13