Karnataka High Court
The Director General vs Sri Ashok N Pisse on 22 February, 2016
Bench: Mohan M. Shantanagoudar, K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2016
PRESENT
THE HON'BLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR
AND
THE HON'BLE MR.JUSTICE K.N.PHANEENDRA
WRIT PETITION NO.8389/2016 (S-KAT)
BETWEEN :
1. The Director General
& Inspector General of Police
Karnataka State
Nrupathunga Road
Bengaluru-560 001
2. The Commissioner of Police
Bengaluru City
Infantry Road
Bengaluru-560 001
3. The Deputy Commissioner of Police
North division, Bengaluru City
Yeshwantpur Circle
Bengaluru-560 022 ..Petitioners
(By Sri A.S.Ponnanna, Additional Advocate General for
Sri H.T.Narendra Prasad, AGA)
AND :
Sri Ashok N. Pisse
S/o Sri Narayan Pisse
Aged about 59 years
Asst. Commissioner of Police
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Yeshwanthpur Sub-division
Bengaluru
Residing at No.2, "Sashi"
8th Main Road, 16th Cross
Muthyalanagar
J.P.Park West, Mathikere
Bengaluru-560 054 ..Respondent
(By Sri P.S.Rajagopal, Senior Counsel for Sri S.G.Pandit,
Adv., C/R)
This writ petition is filed under Articles 226 & 227 of
the Constitution of India praying to quash the interim
order dated 9.2.2016 passed by the Karnataka
Administrative Tribunal in Application No.1173/2016 vide
Annexure-H and to direct the KAT to hear the petitioners
herein before considering the interim prayer made by the
respondent in Application No.1173/2016.
This writ petition coming on for Preliminary Hearing,
this day, MOHAN M. SHANTANAGOUDAR, J., made the
following:-
ORDER
Interim Order dated 9.2.2016 granted by the Karnataka Administrative Tribunal ('KAT' for short), Bangalore is the subject matter of this writ petition.
2. The said interim order was granted for a period of two weeks only and the same expires today i.e. 22.2.2016. The matter needs to be heard tomorrow i.e. on 23.2.2016 before the KAT. In view -3- of the same, we do not propose to comment anything on merits of the matter, at this stage.
3. Sri Ponnanna, learned Additional Advocate General submits that though the learned Government Advocate prayed for time before the KAT, it has recorded in the Order Sheet that it has heard the learned Government Advocate and granted the interim order on 9.2.2016. According to him, the facts involved in the matter are very sensitive and that the KAT ought not to have proceeded hurriedly while passing the impugned order. He further submits that interim order ought not to have been granted in favour of the petitioner by the KAT.
Be that as it may, since the matter needs to be heard tomorrow i.e. on 23.2.2016 before the KAT, we deem it proper to direct the KAT to hear the petitioner as well as the learned Government Advocate on merits and thereafter, take the decision in the matter on the -4- interim prayer. Writ Petition stands disposed of accordingly.
All the issues are kept open.
Sd/-
JUDGE Sd/-
JUDGE *lb/-