K.N.Ravi vs The Registrar on 13 October, 2020

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Karnataka High Court

K.N.Ravi vs The Registrar on 13 October, 2020

Bench: P.B.Bajanthri

                      1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 13TH DAY OF OCTOBER, 2020

                      BEFORE

       THE HON'BLE MR.JUSTICE P.B.BAJANTHRI

         WRIT PETITION No.51638/2014 (S-DE)

BETWEEN

K.N.RAVI
AGED ABOAUT 61 YEARS,
S/O K.N.NAGENDRA RAO,
RESIDING AT NO.7/G,
NEHURU ROAD,
GIRINAGAR I PHASE,
BANGALORE-560 085.
                                      ...PETITIONER

(BY SRI R.NAGARAJ, ADV.)

AND

1.    THE REGISTRAR
      KARNATAKA LOKAYUKTHA,
      M.S.BUILDINGS,
      DR.B.R.AMBEDKAR ROAD,
      BANGALORE-560 001.

2.    THE UNDER SECRETARY,
      GOVERNMENT OF KARNATAKA,
      URBAN DEVELOPMENT DEPARTMENT,
      VIKASA SOUDHA,
      BANGALORE-1.
                               ...RESPONDENTS

(BY SRI MALLIKARJUNA C.BASAREDDY, ADV. FOR R-1,
 SRI K.N.PUTTEGOWDA, ADV. FOR R-1,
 SRI B.V.KRISHNA, AGA FOR R-2.)
                                  2


     THIS WP IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH
ANNX-C DTD 19.12.2012 ISSUED BY R-2 BY HOLDING IT
AS ILLEGAL, IMPROPER, PERVERSE, CAPRICIOUS AND
ULTRA VIRES OF THE POWERS OF THE RESPONDENT
BY ALLOWING THIS WRIT PETITION AND RENDER SUCH
OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT
TO GRANT IN THIS CASE ETC.

     THIS WP COMING ON FOR "PRELIMINARY HEARING
'B' GROUP" THIS DAY, THE COURT MADE THE
FOLLOWING:

                                  ORDER

In the instant petition, the petitioner has prayed for the following relief:-

"WHEREFORE, the petitioner respectfully prays that this Hon'ble Court may be pleased to quash Annexure-C bearing No.UDD 484 MNU 2012 dated 19.12.2012 issued by respondent No.2 by holding it as illegal, improper, perverse, capricious and ultra vires of the powers of the respondent by allowing this Writ Petition and render such other reliefs as this Hon'ble Court deems fit to grant in this case."

The undisputed facts are that the petitioner was a Government servant whose services have been deputed to BBMP through the second respondent - Urban Development Department. On certain allegations levelled 3 against the petitioner, the Lokayukta investigated the matter on 05-10-2012. Consequently, the second respondent - Urban Development Department entrusted the matter to the Lokayukta on 19-12-2012 under Rule 14(A) of K.C.S. (C.C.A) Rules. Thereafter, article of charges were issued on 21-02-2013. In the meanwhile, the petitioner on attaining the age of superannuation, has retired from service on 30th December, 2012. In this background, the petitioner has questioned the initiation of proceedings on the ground that it is in violation of Rule 214-(2)(b) of KCSRs Rules.

2. On perusal of the records, it is evident that the petitioner is a Government servant and hence the present petition is not maintainable. Accordingly, the writ petition stands transferred to the State Administrative Tribunal in view of the decision in the case of Mr. M.S.SUBBE GOWDA vs. THE PRINCIPAL SECRETARY, STATE OF KARNATAKA (Writ Petition No.4090/2012 D.D. 07-01-2015) read with the decision in the case of B.SURESH vs. STATE OF KARNATAKA AND OTHERS 4 reported in 2002(5)Kar.L.J.202(DB). Extract of para Nos.8 & 9 are reproduced hereunder:-

"8. We are fortified in this view by decision in Piar Chand v. Himachal Pradesh Public Service Commission, where a Division Bench of the Himachal Pradesh High Court considered an identical question and held that service under the Public Service Commission is a 'Civil Service' of the State and members of its staff are holding Civil Posts under the State. The following observations are relevant:--

"The State, referred to in Article 323-A and Section 15 of the Administrative Tribunals Act cannot be equated with the Government; the Government being only a limb of the State. It is true that the Public Service Commission is an independent body established under Article 315 of the Constitution.... The functions of the Public Service Commission are enumerated in Article 320 of the Constitution. The Public Service Commission though independent of the Government is also an organ of the State Machinery and service under the State Public Service Commission is part of the Civil Service of the State".

9. We therefore, direct that these two petitions be transferred to the Karnataka Administrative Tribunal for disposal in accordance with law."

3. For the foregoing reasons, the Registry is hereby directed to transmit the writ papers to the Karnataka State Administrative Tribunal. The Karnataka State Administrative Tribunal is requested to decide the matter while re-numbering it within a period of three months from the date of receipt of a copy of this order.

The writ petition stands disposed off.

Sd/-

JUDGE Rsk/-

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