Karnataka High Court
Rajnath Pall S/O Sri Jaiprakash Pall vs Senior Divisional Personnel Officer on 24 August, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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NC: 2023:KHC-D:9511-DB
WP No. 100549 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT PETITION NO. 100549 OF 2023 (S-CAT)
BETWEEN:
RAJNATH PALL S/O. SRI. JAIPRAKASH PALL,
AGE: 40 YEARS, OCC: SR. LOCO PILOT,
SOUTH WESTERN RAILWAY,
HUBLI DIVISION, HUBLI-580020.
...PETITIONER
(BY SRI. RAJA RAGHAVENDRA NAIK, ADVOCATE)
AND:
1. SENIOR DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY PERSONNEL
DEPARTMENT, HUBLI DIVISIONAL,
HUBLI-580023.
2. SENIOR DIVISIONAL MECHANICAL ENGINEER
SOUTH WESTERN RAILWAY MECHANICAL
DEPARTMENT, HUBLI DIVISIONAL, HUBLI-580023.
MOHANKUMAR 3. ADDITIONAL DIVISIONAL RAILWAY MANAGER
B SHELAR
HIGH COURT
SOUTH WESTERN RAILWAY,
OF KARNATAKA HUBLI DIVISIONAL, HUBLI-580023.
2023.08.28
15:42:13 +0530
4. UNION OF INDIA
THROUGH THE GENERAL MANAGER,
SOUTH WESTERN RAILWAY,
GADAG ROAD, HUBLI-580023.
...RESPONDENTS
(BY SRI.SHIVARAJ S.BALLOLI, CGSC FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO, A) ISSUE OF
APPROPRIATE ORDER/ORDERS IN THE NATURE OF WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER DATED 24.7.2019
PASSED BY CENTRAL ADMINISTRATIVE TRIBUNAL AT BANGALORE,
DISMISSING OA NO.170/00065/2019 AS IMPUGNED ORDER
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NC: 2023:KHC-D:9511-DB
WP No. 100549 of 2023
SUFFERS FROM GRAVE ERROR OF LAW AND VIOLATION OF
ARTICLES 14,21, 38(1), 39A, 41, 309, 311 OF THE INDIAN
CONSTITUTION AND FOR GROSS VIOLATION OF PRINCIPAL OF
NATURAL JUSTICE AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, S.R.KRISHNA KUMAR J., PASSED THE
FOLLOWING:
ORDER
This petition takes exception to the impugned order dated 24.07.2019 passed in O.A.No.170/00065/2019 passed by the Central Administrative Tribunal, Bengaluru Bench (for short, 'Tribunal'), whereby application filed by the petitioner was dismissed by the Tribunal.
2. Heard the learned counsel for the petitioner and learned Central Government Standing Counsel for respondents and perused the material on record.
3. The material on record discloses that aggrieved by penalty order dated 17.05.2017 removing the petitioner from service with respondents, the petitioner preferred an appeal in Appeal Advice No.3/2018 before the Appellate Authority. On 1.1.2018, the said appeal was partly allowed by the Appellate Authority, which reduced the penalty and permitted the petitioner to undergo medical examination and -3- NC: 2023:KHC-D:9511-DB WP No. 100549 of 2023 based on his medical fitness, the Appellate Authority directed the petitioner to be absorbed appropriately by the respondents. Aggrieved by the order of the appellate Authority, the petitioner approached the Tribunal, which proceeded to pass the impugned order, aggrieved by which, the petitioner is before this Court by way of present petition.
4. A perusal of the impugned order passed by the Tribunal will indicate that despite the respondents not having challenged the order dated 1.1.2018 passed by the Appellate Authority, the Tribunal appears to have proceeded to set- aside the order of the Appellate Authority and granted relief in favour of the respondents, which was clearly impermissible in law and beyond the scope of adjudication of the application before the Tribunal, particularly, when an independent/separate application/cross-application had not been filed by the respondents before the Tribunal. It is also clear that the impugned order passed by the Tribunal is based on surmises and conjectures and without reference to the material on record, apart from being unreasoned and non-speaking order and without application of mind. -4-
NC: 2023:KHC-D:9511-DB WP No. 100549 of 2023 Therefore, we deem it just and appropriate to set-aside the impugned order passed by the Tribunal by restoring the order passed by the Appellate Authority.
5. In the result, we proceed to pass the following:
ORDER
a) Writ Petition stands hereby allowed.
b) The impugned order dated 24.07.2019 passed in OA No.170/00065/2019 by the Tribunal is hereby set-aside.
c) The order dated 1.1.2018 passed in Appeal Advice No.3/2018 by the Appellate Authority vide Annexure-A6 stands restored.
d) Both parties are directed to comply with the orders of the Appellate Authority as expeditiously as possible.
Pending applications, if any, do not survive for consideration and they are disposed off.
Sd/-
JUDGE Sd/-
JUDGE JTR/List No.: 1 Sl No.: 78