Karnataka High Court
Ravinder Singh Atter vs The State Of Karnataka on 8 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 109397 of 2019
C/W WP No. 110116 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.109397 OF 2019 (EDN-GIA)
C/W WRIT PETITION NO. 110116 OF 2019
In WP NO.109397/2019
BETWEEN:
1. RAILWAY MUSLIM EMPLOYEES
EDUCATIONAL ASSOCIATION,
REPRESENTED BY ITS PRESIDENT,
SRI.GHOUSE MOHIDDIN H BEOPARI,
AGED ABOUT: 78 YEARS,
SIMLA NAGAR, CITB PLOTS,
DEVARGUDIHAL ROAD,
OLD HUBBALLI, HUBBALLI-580024.
2. THE PRINCIPAL
TIPPU SHAHEED INSTITUTE OF
TECHNOLOGY (POLYTECHNIC),
SIMLA NAGAR, CITB PLOTS,
DEVARGUDIHAL ROAD,
OLD HUBBALLI, HUBBALLI-580024.
...PETITIONERS
(BY SRI. SUNIL S DESAI.,ADVOCATE)
AND:
Digitally
signed by
SUJATA
SUBHASH
1. THE STATE OF KARNATAKA
SUJATA
PAMMAR
Location: High
court of
AREP. BY ITS UNDER SECRETARY,
SUBHASH Karnataka,
PAMMAR Dharwad
Bench, DEPARTMENT OF HIGHER EDUCATION,
Dharwad
Date:
2022.11.24
11:20:54 -0800
(TECHNICAL EDUCATION),
M.S. BUILDNIG, BENGALURU-560001.
2. THE DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION,
PALACE ROAD,
BENGALURU-560001.
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WP No. 109397 of 2019
C/W WP No. 110116 of 2019
3. THE JOINT DIRECTOR
(ADMINISTRATION),
DEPARTMENT OF TECHNICAL EDUCATION,
PALACE ROAD, BENGALURU-560001.
...RESPONDENTS
(BY SRI. M.H.PATI, ADDL. GOVT. ADVOCATE FOR R1-R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.ED 93
TPE 2016 BENGALURU DATED 30.03.2019 PASSED BY THE 1ST
RESPONDENT AS PER ANNEXURE-Q AS ARBITRARY ILLEGAL AND
VOID; ISSUE CONSEQUENTIAL DIRECTIONS TO THE RESPONDENT
TO IMMEDIATELY RELEASE SALARY GRANT TO THE 2ND PETITIONER
TIPPU SHAHEED INSTITUTE OF TECHNOLOGY (POLYTECHNIC) AND
TO PASS APPROPRAITE SUTITABLE ORDERS IN THE INTERET AND
EQUITY.
IN WP NO.110116/2019
1. RAVINDER SINGH ATTER
S/O TEKCHAND,
AGE: 51 YEARS,
HOD, CIVIL ENGENEERING
DEPARTMENT,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
2. MANJUNATH A YADWAD
S/O ATMARAM YADWAD,
AGE: 48 YEARS,
SELECTION GRADE LECTURER
AUTOMOBILE ENGENEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
3. RAVI L ALAGODI
S/O LAGAMAPPA ALAGODI,
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WP No. 109397 of 2019
C/W WP No. 110116 of 2019
AGE: 51 YEARS,
SELECTION GRADE LECTURER
CIVIL ENGENEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
4. MUNIRAHMED BEPAERI
S/O GOUSE MOHIDDIN,
AGE: 39 YEARS,
SECOND DIVISIONAL CLERK,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
5. SAYEDALI H PEERZADE
S/O HABIBULLA PEERZADE,
AGE: 51 YEARS,
SECOND DIVISIONAL CLERK,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
6. CHANDRASHEKHAR A TUPPAD
S/O ASHOK C TUPPAD,
AGE: 44 YEARS,
HOD, AUTOMOBILE
ENGINEERING DEPARTMENT,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
7. MOHAN B HAMPIHOLI
S/O BASAPPA HAMPIHOLI,
AGE: 49 YEARS,
SELECTION GRADE
LECTURER AUTOMOBILE
ENGINEERING,
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WP No. 109397 of 2019
C/W WP No. 110116 of 2019
TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
8. MOHAMMADALI A BAGALKOT
S/O ABDULKHADAR BAGALKOT,
AGE: 44 YEARS,
SELECTION GRADE
LECTURER CIVIL ENGINEERING,
TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
9. NANDINI C BELLAD
W/O B M SHESHGIRI,
AGE: 58 YEARS,
SELECTION GRADE
LECTURER CIVIL ENGINEERING,
TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
10. M B RAVI
S/O M BHEEMAPPA,
AGE: 49 YEARS,
SELECTION GRADE LECTURER
E and C ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
11. BASAVARAJ KARIYAPPA KABBER
AGE: 48 YEARS,
SELECTION GRADE LECTURER
MECHANICAL ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
-5-
WP No. 109397 of 2019
C/W WP No. 110116 of 2019
OLD HUBLI,
HUBBALLI-580024.
12. SURESH CHUDAPPAGOUDA PATIL
AGE: 45 YEARS,
SELECTION GRADE LECTURER
MECHANICAL ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
13. SHAKANTALA BEEMSINGH KITTUR
AGE: 51 YEARS,
SELECTION GRADE LECTURER
CIVIL ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
14. BALESH SIDDAPPA HEGGANNAVAR
AGE: 43 YEARS,
SELECTION GRADE LECTURER
SCIENCE ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
15. MALLAPPA SHANKARAPPA SOMANAKATTI
AGE: 52 YEARS,
SELECTION GRADE LECTURER
MECHANICAL ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
16. MOHAMMED SADIQUE BANKAPUR
AGE: 54 YEARS,
SELECTION GRADE LECTURER
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WP No. 109397 of 2019
C/W WP No. 110116 of 2019
CIVIL ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
17. AKBARSAB DAVALSAB ALLADABAI
AGE: 44 YEARS,
HELPER,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
18. AKBAR MEHEBOODGANI BILEKUDARI
AGE: 51 YEARS,
SELECTION GRADE LECTURER
E and C ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
19. YALLAPPA FAKKIRAPPA HAVERI
AGE: 47 YEARS,
OCC: TYPIST,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
20. ANNAPPA BASAPPA PANKAPUR
AGE: 45 YEARS,
OCC: PEON,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
21. VINAYAK SHAMRAO NAIK
AGE: 51 YEARS,
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WP No. 109397 of 2019
C/W WP No. 110116 of 2019
SELECTION GRADE LECTURER AUTOMOBILE
ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
22. NAGARAJ NINGAPPA SANNULI
AGE: 47 YEARS,
ASSISTANT INSTRUCTOR,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
23. SHAMSHUDDIN SAYED HASHIM TANDUR
AGE: 59 YEARS,
OCC: MECHANIC,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
24. HAROONJAFAR ABUBKAR DUKANDAR
AGE: 44 YEARS,
OCC: ASSISTANT INSTRUCTOR,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
25. ZAHURAHMED ABDULMAJEED KHAN KITTUR
AGE: 50 YEARS,
OCC: FDA,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
26. KIRAN KUMAR YASHWANT MANTUR
AGE: 47 YEARS,
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WP No. 109397 of 2019
C/W WP No. 110116 of 2019
SELECTION GRADE LECTURER MECHANICAL
ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
27. RIYAZAHMED ABDU LATEEF DAFEDAR
AGE: 50 YEARS,
OCC: OFFICE ASSISTANT,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
28. SURESH S S
S/O SADSHIVAPPA S K,
AGE: 46 YEARS,
SELECTION GRADE LECTURER
E and C ENGINEERING,
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
29. SHARANAPPA S/O BHIMSHEEPA
AGE: 41 YEARS,
OCC: HELLPER
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY,
POLYTECHNIC SIMLANAGAR,
OLD HUBLI,
HUBBALLI-580024.
...PETITIONERS
(BY SRI. ARAVIND D.KULKARNI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS UNDER SECRETARY
DEPARTMENT OF HIGHER EDUCATION
(TECHNICAL EDUCATION),
M.S. BUILDING, BENGALURU-560001.
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WP No. 109397 of 2019
C/W WP No. 110116 of 2019
2. THE DIRECTOR
DEPARTMENT OF TECHNICAL
EDUCATION, PALACE ROAD,
BENGALURU-560001.
3. THE JOINT DIRECTOR (ADMINISTRATION)
DEPARTMENT OF TECHNICAL
EDUCATION, PALACE ROAD,
BENGALURU-560001.
4. RAILWAY MUSLIM EMPLOYEES
EDUCATIONAL ASSOCIATION
REP BY ITS PRESIDENT,
SRI GHOUSE MOHIDDIN
H BEOPARI,
AGE: 78 YEARS,
SIMLA NAGAR, CITB PLOTS,
DEVARGUDIHAL ROAD,
OLD HUBBALLI,
HUBBALLI-580024.
5. THE PRINCIPAL
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY (POLYTECHNIC),
SIMLA NAGAR, CITB PLOTS,
DEVARGUDIHAL ROAD,
OLD HUBBALLI,
HUBBALLI-580024.
...RESPONDENTS
(BY SRI. M.H.PATI, ADDL. GOVT. ADVOCATE R1-R3
SRI. SUNIL DESAI, ADVOCATE FOR R4 & R5)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.ED 93
TPE 2016 BANGALURU DATED 30.03.2019 PASSED BY THE 1ST
RESPONDNET AS PER ANNEXURE-L AS ARBITRARY, ILLEGAL AND
VOID.
THESE WRIT PETITIONS COMING ON FOR HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 109397 of 2019
C/W WP No. 110116 of 2019
ORDER
The State Government accorded permission to the petitioner No.1-Association (in W.P. No.109397/2019) for establishing Polytechnic Institute/College and upon the permission granted, the petitioner-association established Polytechnic Institute/College and the institution was admitted to grant-in-aid with effect from 03.03.2001 and also the staffing pattern was approved by the Government on 10.01.2003.
2. In 2014, an unknown person filed a complaint before the Karnataka Lokayukta making allegations against the institute/college and its staff and the Lokayukta, after holding an enquiry, submitted a report with the 2nd respondent to initiate action against one of the employees of the institute/college run by the petitioner-association stating that he was drawing salary from two institutions including the one run by the petitioner-association. Thereafter, the 2nd respondent issued a show cause notice to the employee calling upon him to explain as to why action should not be initiated. The said employee replied to the show cause notice contending
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WP No. 109397 of 2019 C/W WP No. 110116 of 2019 that he has already deposited the amount and requested for dropping the proceedings by taking into account 34 years of service rendered by him. The 2nd respondent withheld salary of the said employee and released the same in the month of February 2018.
3. Thereafter, the 2nd respondent issued notice to the petitioner-association for not taking action against the employee and further directed to initiate departmental enquiry and report the same to the authority within a week. The first petitioner suitably replied to the 2nd respondent sating that penalty of withholding one increment is passed against the employee. Such being the case, the 2nd respondent recommended with the 1st respondent for cancellation of the grant-in-aid on the ground that no suitable action has been taken against the employee. The petitioner submitted a representation with the 1st respondent stating that three increments of the said employee has been withheld and further requested to continue the grant in favour of the petitioner. The 1st respondent, without considering the representation, cancelled the grant extended to the petitioner. Taking exception to the same, the Association and the Principal of the
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WP No. 109397 of 2019 C/W WP No. 110116 of 2019 Polytechnic Institute are before this Court in W.P. No.109397/2019 and the employees of Polytechnic Institute in W.P. No.110116/2019.
4. I have examined the submissions made by the learned counsel for the petitioners and the learned Additional Government Advocate appearing for the State.
5. The Department of Technical Education had issued notice in the year 2016 against one of the employees of the institution for drawing certain sums unlawfully causing loss to the exchequer. The employee appeared before the concerned authorities and deposited the amount alleged to have been drawn unlawfully. Thereafter, the authorities, who had withheld the salary of the said employee, disbursed the withheld amount and continued to pay the regular salary. Therefore, the institute was under a bonafide impression that the dispute had attained quietus. Thereafter, the 2nd respondent issued another notice, and Polytechnic Institute, acting upon such notice, held enquiry and passed an order of penalty withholding three increments. The 1st respondent without taking into account that the petitioner-institution has taken punitive measures in
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WP No. 109397 of 2019 C/W WP No. 110116 of 2019 withholding increment, has passed the impugned order without issuing notice to the petitioner.
6. It is also undisputed that during the pendency of this writ petition, an enquiry was initiated against the said employee and thereafter, the said employee has been dismissed from service with effect from 11.11.2021. Even assuming that the petitioner-institution has not taken any action for dismissing the said employee from service, the 1st respondent committed an error in canceling the grant-in-aid to the petitioner-institution instead of confining the stoppage of grant-in-aid extended to the said employee. Hence, the impugned order passed by the 1st respondent canceling grant-in-aid to all the employees of the institution/college run by the petitioner-association is impermissible and contrary to provisions of Grant-in-Aid Code. The Government having released salary of the said employee, which was withheld, could not have passed the impugned order canceling the salary grant to all the employees of the petitioner-institution. Having regard to the fact that the said employee has been dismissed from service, the impugned order passed by the 1st respondent is not sustainable in law. Accordingly, I pass the following:
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WP No. 109397 of 2019 C/W WP No. 110116 of 2019 ORDER The writ petitions are allowed. The impugned order dated 30.03.2019 passed by the 1st respondent at Annexure-Q in Writ Petition No.109397/2019, and at Annexure-L in Writ Petition No.110116/2019 is hereby quashed.
The respondent No.2 shall continue to extend the grant-in-aid to petitioners in accordance with law.
Sd/-
JUDGE KMS List No.: 1 Sl No.: 116