Karnataka Rural Infrastructure vs State Of Karnataka on 18 October, 2012

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Karnataka High Court

Karnataka Rural Infrastructure vs State Of Karnataka on 18 October, 2012

Bench: Subhash B Adi

                                       WP No.40159/2012

                                  1

       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

         DATED THIS THE 18th DAY OF OCTOBER 2012

                            BEFORE

           THE HON'BLE MR.JUSTICE SUBHASH B ADI

          WRIT PETITION NO.40159 OF 2012 (S-RES)

BETWEEN:

KARNATAKA RURAL INFRASTRUCTURE
DEVELOPMENT LTD. MINISTERIAL STAFF
WELFARE ASSOCIATION (R),
A REGISTERED TRADE UNION
HAVING ITS REGISTERED OFFICE AT
CHINNASWAMY STADIUM
RAJ BHAVAN ROAD
BANGALORE-1
REP BY ITS PRESIDENT
SRI T.P. NATARAJ                        ...PETITIONER

(BY SRI. KRISHNA S DIXIT, ADV.)

AND:

1. STATE OF KARNATAKA
   BY ITS SECRETARY
   DEPT. OF RDPR
   M.S. BUILDINGS
   BANGALORE-1

2. KARNATAKA RURAL INFRASTRUCTURE
   DEVELOPMENT LTD.,
   CHINNASWAMY STADIUM
   RAJ BHAVAN ROAD
   BANGALORE-1
   REP BY ITS MANAGING DIRECTOR

3. ASHWATHANARAYANA SWAMY
   S/O PUTTANANJAIAH
   AGED ABOUT 47 YEARS
                                           WP No.40159/2012

                              2

   W/A ASSISTANT DIRECTOR
   KARNATAKA RURAL INFRASTRUCTURE
   DEVELOPMENT LTD.,
   BELLARY SUB-DIVISION
   BELLARY

4. K. SHIVARAM, IAS
   AGED ABOUT 59 YEARS
   W/A REGIONAL COMMISSIONER
   BANGALORE REGION
   2ND FLOOR, BMTC BUILDING
   K H ROAD, SHANTHINAGAR
   BANGALORE-27                        ...RESPONDENTS

(SRI.RAGHAVENDRA G.GAYATHRI, HCGP FOR 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 quashing the impugned resolution on addl.
subject No.170/A-1 passed by the board of management of
the 2nd respondent in its 170th meeting held on 13.7.2012
vide Annexure-N and etc.

     This Petition coming on for Preliminary Hearing this day,
the Court made the following:-

                          ORDER

Learned Government Pleader is directed to take notice for respondent No.1.

2. This petition is by the Trade Union questioning the resolution passed by the 2nd respondent - Company resolving to reinstate / re-appoint one Sri.Ashwathanarayanaswamy - respondent No.3, Assistant Director in the respondent No.2 - WP No.40159/2012 3 Development Co. Ltd. on the ground that there were several allegations of misappropriation against him. An enquiry was conducted by the Lokayukta and the Lokayukta has submitted report holding that the said Ashwathanarayanaswamy is guilty of misappropriation of company fund. Now, by suppressing the said material, the 2nd respondent, by the impugned resolution, has recommended for re-appointment of 3rd respondent and the same has been approved by the Board as per Annexures-N and P, respectively.

3. No doubt, the petitioner is a registered Trade Union, however, the Trade Union in its representative capacity, has questioned the impugned resolution and order of re- appointment of respondent No.3. It is not espousing the cause of the workman or of the Trade Union. If the cause is sought to be agitated in the larger interest of public, in my view, it is in the nature of public interest litigation. As such, writ petition is not maintainable before the learned Single Judge on the basis of the roster.

WP No.40159/2012

4. Keeping the liberty to the petitioner to file appropriate petition, this petition stands disposed of.

5. Learned Government Pleader appearing for respondent No.1 is permitted to file memo of appearance within two weeks.

Sd/-

JUDGE RV

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