Karnataka High Court
Basanagouda S/O Jagannath vs State Of Karnataka And Ors on 12 March, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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WP No.200387 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT PETITION NO.200387 OF 2023 (S-KAT)
BETWEEN:
BASANAGOUDA
S/O JAGANNATH
AGED ABOUT 43 YEARS
OCC: VILLAGE ACCOUNTANT
O/O TASHILDAR KALABURAGI
R/O H NO.4-601/43/2/16
GANESH NAGAR KALABURAGI.
...PETITIONER
Digitally signed (BY SRI R.J. BHUSARE, ADVOCATE)
by VARSHA N
RASALKAR
Location: High AND:
Court Of
Karnataka
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIKAS SOUDHA, BANGALORE - 01.
REP. BY PRINCIPAL SECRETARY.
2. THE STATE OF KARNATAKA
DEPARTMENT OF PERSONAL AND
ADMINISTRATIVE REFORMS (SERVICE-2)
VIKAS SOUDHA, BANGALORE - 01.
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WP No.200387 of 2023
3. THE DEPUTY COMMISSIONER
KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI VIRANAGOUDA M. BIRADAR, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER
OR DIRECTION TO A) SET ASIDE THE ORDER PASSED BY THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL KALABURAGI
BENCH IN A.NO.20129/2022 DATED 28.06.2022 PRODUCED AT
ANNEXURE- C AND CONSEQUENTLY ALLOW THE APPLICATION
NO.20129/2022 AS PRAYED FOR.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, H.T.NARENDRA PRASAD
J., MADE THE FOLLOWING:
ORDER
This petition is filed under Articles 226 and 227 of the Constitution of India challenging the order dated 28.06.2022 passed by the Karnataka State Administrative Tribunal at Kalaburagi (for short, 'the Tribunal') in A.No.20129/2022, whereby the application filed by the petitioner herein has been dismissed.
2. The brief facts of the case are that when the petitioner was working as a Computer Operator in the -3- NC: 2024:KHC-K:2131-DB WP No.200387 of 2023 office of the Tahasildar at Kalaburagi, a dispute with regard to the land in Sy.No.109 measuring 17 acres 38 guntas was pending before the Land Tribunal. The Land Tribunal, by order dated 18.03.2013 granted the occupancy rights in respect of Smt.Lalitabai and others on Form No.7. The said order was forwarded to the office of the Tahasildar at Kalaburagi for taking further action. Accordingly, mutation was effected in the name of the grantee on the basis of the order passed by the Land Tribunal. There is one more order passed on the very same day, i.e, on 18.03.2013, rejecting the Form No.7 filed by Smt.Lalitabai and others. In compliance of the second order, the Tahasildar deleted the name of Smt.Lalitabai in the revenue records and entered the name of the Government. On the basis of the complaint lodged by Smt.Lalitabai, a departmental enquiry has been initiated against the Chairman of the Land tribunal, Secretary and the petitioner, who was the Computer Operator who has uploaded the documents in Bhoomi website. The articles of charges has been issued on -4- NC: 2024:KHC-K:2131-DB WP No.200387 of 2023 18.10.2016 in respect of the Assistant Commissioner, the Chairman of the Land Tribunal. The enquiry officer has been appointed on 23.06.2020. In respect of the petitioner also, the enquiry officer has been appointed on 23.06.2020. Later, that order has been modified on 22.07.2021, by appointing a new enquiry officer. Being aggrieved by the same, the petitioner filed an application before the Tribunal in A.No.20129/2022. That application came to be dismissed by the Tribunal by the impugned order. Being aggrieved by the same, the petitioner is before this Court.
3. The learned counsel appearing for the petitioner has raised the following contentions:
(i) Firstly, the articles of charges has been issued on 18.10.2016 and the enquiry officer has been appointed on 22.07.2021, after a lapse of more than four years and there is an inordinate delay in initiating the departmental enquiry. In respect of the Assistant Commissioner, a Co-
ordinate Bench of this Court in W.P.No.202132/2021 dated -5- NC: 2024:KHC-K:2131-DB WP No.200387 of 2023 22.02.2022, quashed the enquiry proceedings on the ground of delay. The petitioner is a co-employee in the same case and the Tribunal has erred in dismissing the application filed by the petitioner.
(ii) Secondly, inspite of the petitioner relying on the order passed by this Court in W.P.No.202132/2021, the Tribunal without considering the judgment of this Court, erred in dismissing the application. Hence, he sought for allowing the writ petition.
4. Per contra, learned AGA appearing for the State has raised the following contentions:
(i) Firstly, the articles of charges has been issued on 18.10.2016. On 23.06.2020, the enquiry officer has been appointed. Later, that order has been modified and Deputy Commissioner has been appointed as the enquiry officer by order dated 22.07.2021. The Government is conducting the enquiry within a reasonable time and there is no delay in initiation of the departmental enquiry. -6-
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(ii) Secondly, the petitioner has not challenged the charge sheet issued against him in the departmental enquiry. Therefore, the Tribunal has rightly dismissed the application. Hence, he sought for dismissal of the writ petition.
5. Heard the learned counsel for the parties and perused the writ papers.
6. It is not in dispute that when the petitioner was working as a Computer Operator in the office of the Tahasildar at Kalaburagi, the Land Tribunal, on an application filed by Smt.Lalitabai for grant of occupancy rights, passed an order on 18.03.2013 granting occupancy rights. Pursuant to that, the petitioner uploaded the documents in Bhoomi website.
7. The further case of the petitioner is that in respect of Form No.7 filed by Smt.Lalitabai and others the Land Tribunal passed one more order on the very same day, i.e., on 18.03.2013 rejecting the Form No.7 and vesting the land with the Government. Accordingly, the petitioner, -7- NC: 2024:KHC-K:2131-DB WP No.200387 of 2023 who was the computer Operator, on the directions of the Tahasildar uploaded the documents in Bhoomi website. In respect of the Assistant Commissioner, Chairman of the land Tribunal, Tahasildar, Secretary of the Land Tribunal and the petitioner, who was the Computer Operator, the departmental enquiry has been initiated and charge sheet in respect of the delinquent employees has been issued on 18.10.2016 and enquiry officer has been appointed on 23.06.2020 in the case of Assistant Commissioner and others. The Assistant Commissioner challenged the departmental enquiry on the ground of delay. The Tribunal, by order dated 26.08.2021 dismissed the said application in A.No.20381/2021. Being aggrieved by the same, the Assistant Commissioner filed writ petition before this Court in W.P.No.202132/2021. This Court, by order dated 22.02.2022 allowed the writ petition and quashed the enquiry initiated against the Assistant Commissioner on the ground that there is a delay in initiating the departmental enquiry. The petitioner is also similarly situated and he is one of the co-delinquent in the -8- NC: 2024:KHC-K:2131-DB WP No.200387 of 2023 departmental enquiry. In his case also, charge sheet has been filed on 18.10.2016 and the enquiry officer has been appointed on 23.06.2020, later it has been modified and the Deputy Commissioner has been appointed as enquiry officer on 22.07.2021. There is a delay in initiating the proceedings. In view of the order passed by this Court in W.P.No.202132/2021 dated 22.02.2022, the petitioner succeeds.
8. Accordingly, we pass the following order:
(i) The writ petition is allowed.
(ii) The impugned order dated 28.06.2022 passed by the Tribunal in A.No.20129/2022 is hereby set aside.
(iii) Consequently, the impugned order dated 22.07.2021 passed by the second respondent, produced as Annexure-A4 before the Tribunal, is hereby quashed.
(iv) It is directed that consequent upon quashing the aforesaid order dated 22.07.2021, passed by the second respondent, the petitioner would be entitled to all -9- NC: 2024:KHC-K:2131-DB WP No.200387 of 2023 consequential benefits in accordance with law as held in the decision of this Court in the case of N.MAHESH BABU vs. STATE OF KARNATAKA AND OTHERS in W.P.No.147900/2020 dated 08.09.2021.
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JUDGE Sd/-
JUDGE CM List No.: 1 Sl No.: 51 Ct;Vk