Writ Petition No. 24134 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 24134 OF 2024 (S-KSAT) C/W WRIT PETITION NO. 24132 OF 2024 AND WRIT PETITION NO. 24133 OF 2024 (S-KSAT) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA IN W.P. NO. 24134/2024 BETWEEN: 1. SRI VINOD KUMAR GUPTA S/O. LATE KARABASAPPA, AGED ABOUT 53 YEARS, PRESENTLY WORKING AS EXECUTIVE ENGINEER, RURAL DRINKING WATER AND SANITATION DIVISION, ZILLA PANCHAYATH PREMISES, 2ND FLOOR, RAICHUR DISTRICT, RAICHUR - 584 101, PERMANENTLY R/AT NO.2-907/30/83-1, ANJANEYA NAGAR, OPPOSITE TO RTO, SEDAM ROAD, KALABURGI -585 105.
Legal Reasoning
2. SRI. H. D. NAYAKA, S/O. H. D. PARASHURAMA NAIK, AGED ABOUT 53 YEARS, WORKING AS JUNIOR ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, NO.5, HEMAVATHI LEFT BANK CANAL SUB DIVISION, K. R. PETE, MANDYA DISTRICT - 571 426, - 2 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR RESIDING AT NO.39, HLBC QUARTERS, OPPOSITE TO GOVERNMENT COLLEGE, HOSAHOLALLU ROAD, K. R. PETE, MANDYA- 571 426. 3. SRI. RAJEEV NAIK, S/O. LATE NAGESH H. NAIK, AGED ABOUT 38 YEARS, WORKING AS TECHNICAL ASSISTANT, OFFICE OF THE EXECUTIVE ENGINEER, VISHWESHWARAIAH JALA NIGAMA LIMITED, UPPER BHADRA PROJECT DIVISION NO.1, KADUR TALUK, CHIKKAMAGALUR DISTRICT-577 548, R/AT SANCHIT NILAYA, TVS SHOWROOM BACKSIDE, SOMESHWARANAGARA, KADUR, CHIKKAMAGALUR - 577 548. 4. SRI. ESWARA, S/O. BASAVARAJEGOWDA, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, PRESENTLY WAITING FOR POSTING, DEPARTMENT OF IRRIGATION, VIKASA SOUDHA, BANGALORE-560 001, R/AT NO.107-1, ATTIGUPPE VILLAGE, MALUR POST, GAVADAGERE HOBLI, HUNSUR TALUK, MYSORE- 571 610. 5. SRI. B. SHIVAMURTHY, S/O. LATE BHEEMAPPA A. K., AGED ABOUT 53 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, RURAL DRINKING WATER SUPPLY AND SANITATION SUB DIVISION, CHITRADURGA - 577 501, PRESENTLY R/AT NAGAGONDANAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 522. 6. SRI. SUGAPPA S/O. HANUMANTHA, AGED ABOUT 53 YEARS, PRESENTLY WORKING AS ASSISTANT EXECUTIVE ENGINEER, - 3 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, SUB DIVISION, KUDLIGI - 583 135, PERMANENTLY R/AT WARD NO.15, KARATAGI, KOPPAL DISTRICT-583 229. 7. SRI. KRISHNAMURTHY M S/O. LATE MARIMUTHU, AGED ABOUT 54 YEARS, PRESENTLY WORKING AS TECHNICAL ASSISTANT, OFFICE OF THE SUPERINTENDING ENGINEER, CIRCLE OFFICE NO.2, VISHVESHWARAIAH JAL NIGAM LIMITED, UPPER BHADRA, CHITRADURGA-577 501 PERMANENTLY R/AT THIRUVALLURVAR IV CROSS, NEAR KARUMAIYAMMAN TEMPLE, HULIYUR ROAD, HIRIYUR TALUK, CHITRADURGA - 577 598. …PETITIONERS (BY SRI. SATISH K., ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001. 2. THE STATE OF KARNATAKA, DEPARTMENT OF WATER RESOURCES, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001. 3. KARNATAKA NEERAVARI NIGAM LIMITED, REP. BY ITS MANAGING DIRECTOR, 4TH FLOOR, COFFEE BOARD BUILDING, NO.1, DR. B. R. AMBEDKAR ROAD, BANGALORE - 560 001. (BY SRI. V SHIVA REDDY, AGA FOR R1 & R2 SRI PRASHANTH B.R., ADV. FOR R3) …RESPONDENTS - 4 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE, TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED IN APPLICATION NOS. 447-453/2024 28.08.2024 PASSED (ANNEXURE-A) AND ETC. IN W.P.NO. 24132/2024 BETWEEN: 1. SRI JEETENDRA S/O. LATE SHARANAPPA, AGED ABOUT 55 YEARS, PRESENTLY WORKING AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE NATIONAL HIGHWAY SUB DIVISION (PUBLIC WORKS DEPARTMENT), MANGALORE-575 002, PRESENTLY R/AT PLOT NO.001, SPOORTHY APARTMENTS, ASHOKA NAGAR ROAD, MANGALORE 575 002. 2. SRI. C. H. G. VENKATESHWARA RAO, S/O. LATE C. H. PICHAIYYA, AGED ABOUT 54 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, HEALTH AND FAMILY WELFARE DEPARTMENT, ENGINEERING SUB DIVISION, BELLARY- 583 101, R/AT NO.206, SRIJA NIRMALA RESIDENCY, 2ND CROSS, GANDHINAGAR, BELLARY- 583 103. 3. SRI. DEVENDRAPPA, S/O. LATE MARIYAPPA ITTANGI, AGED ABOUT 47 YEARS, WORKING AS ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS SUB DIVISION, GANGAVATHI, KOPPAL DISTRICT-583 227, RESIDING AT NO.01, WARD NO.4, - 5 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR NEAR DR. B. R. AMBEDKAR CIRCLE, BHAGYANAGAR, KOPPAL 583 231. 4. SRI. MOHAN KUMAR G., S/O. R. V. GANGADHARAPPA, AGED ABOUT 38 YEARS, WORKING AS ASSISTANT ENGINEER - II, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, GHATTAPRABHA LEFT BANK CANAL SUB DIVISION NO.3, KANKANAWADI, RAIBHAG TALUK, BELAGAVI-591 317, RESIDING BEHIND EERAPPA TEMPLE, MOODALGI TALUK, BELAGAVI DISTRICT-591 312. 5. SRI. YELLAPPA S/O. HUSSAINAPPA, AGED ABOUT 57 YEARS, WORKING AS ASSISTANT ENGINEER, VIJAYNAGARA CANAL SUB DIVISION, KAMALAPUR, VIJAYNAGAR-583 221 R/AT 5TH MAIN, 5TH CROSS, M. T. NAGAR, HOSPET, VIJAYNAGAR - 583 201. 6. SRI. V. THIMMANNA, S/O. LATE V. ERANNA, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA SLUM DEVELOPMENT BOARD, BALLARI SUB DIVISION, BALLARI-583 104 RESIDING AT PLOT NO.72 AND 73, NEAR OLD SALES TAX CHECK POST, AUTO NAGAR, ANANTHAPUR ROAD, BALLARI 583 101. 7. SRI. BASAVARAJ HALLI, S/O. LATE SANGAPPA HALLI, AGED ABOUT 47 YEARS, WORKING AS TECHNICAL OFFICER TO CHIEF ENGINEER, IRRIGATION BRANCH, TUNGABHADRA BOARD, TUNGABHADRA DAM, HOSPET TALUK, VIJAYNAGARA - 583 225, - 6 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR RESIDING AT NO.336/A, SANTRUPTI, 9TH CROSS, 35TH WARD, ESHWAR NAGAR, BEHIND AKASHAVANI, HOSPET TALUK, VIJAYNAGAR 583 201. 8. SRI VISHWANATH H S/O. LATE H. YELLAPPA, AGED ABOUT 46 YEARS, WORKING AS TECHNICAL ASSISTANT, OFFICE OF THE EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, NO. 2 CANAL SUB DIVISION, ODDERAHATTI CAMP, GANGAVATHI TALUK, KOPPAL -583 235, R/AT HOUSE NO.24, WARD NO.2, NEAR SRI CHAITANYA TECHNO SCHOOL, RAJAPPA NAIK SAHUKAR COLONY, ODDERAHATTI POST, GANGAVATHI TALUK, KOPPAL DISTRICT - 583 235. 9. SRI. NAGAPPA S/O. NAGAPPA, AGED ABOUT 55 YEARS, WORKING AS JUNIOR ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, D-31 CANAL SUB DIVISION, KARATAGI, KOPPAL-583 229, R/AT HRS ASHRAYA COLONY, DR. B. R. AMBEDKAR NILAYA, BESIDE GOVERNMENT PRIMARY SCHOOL, 27TH WARD, GANGAVATHI, KOPPAL - 583 227. (WRONGLY MENTIONED AS MALLAPPA IN THE IMPUGNED ORDER DATED 28/08/2024) 10. SRI. JAGANNATH KULKARNI, S/O. SHRIKANTH KULKARNI, AGED ABOUT 35 YEARS, WORKING AS ASSISTANT ENGINEER-II, OFFICE OF THE EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, NO.2 CANAL DIVISION, ODDERAHATTI CAMP, GANGAVATHI TALUK, KOPPAL DISTRICT-583 227, - 7 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR R/AT 1ST CROSS, 5TH MAIN, SATYANARAYAN PETH, JAYANAGAR, GANGAVATHI TALUK, KOPPAL DISTRICT - 583 227. 11. SRI. K. B. RAVI S/O. K. BOMMAIAH, AGED ABOUT 51 YEARS, WORKING AS ASSISTANT ENGINEER-II, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION SUB DIVISION, BALLARI- 583 101, R/ AT SRINIVASA NILAYA, VIDYANAGAR WEST, II CROSS, KOLAGALLU ROAD, BALLARI 583 101. 12. SRI. ARIF HUSSAIN, S/O. LATE MOHAMMED HUSSAIN, AGED ABOUT 48 YEARS, WORKING AS SECOND DIVISION ASSISTANT, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, D-31 CANAL SUB DIVISION, KARATAGI, KOPPAL -583 229, R/AT PWD QUARTERS, KARATAGI, KOPPAL - 583 229. ...PETITIONERS (BY SRI. SATISH K., ADV.) AND: 1. 2. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE-560 001. THE STATE OF KARNATAKA, DEPARTMENT OF WATER RESOURCES, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE- 560 001. 3. KARNATAKA NEERAVARI NIGAM LIMITED, REP. BY ITS MANAGING DIRECTOR, - 8 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR 4TH FLOOR, COFFEE BOARD BUILDING, NO.1, DR. B. R. AMBEDKAR ROAD, BANGALORE 560 001. (BY SRI.V SHIVA REDDY, AGA FOR R1 & R2 SRI PRASHANTH B.R., ADV. FOR R3) ...RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE, TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 28.08.2024 PASSED IN APPLICATION NOS. 10104- 10115/2024 (ANNEXURE-A) AND ETC. IN W.P. NO. 24133/2024 BETWEEN: 1. SRI M HANAMANTHAPPA S/O LATE MARIYAPPA AGED ABOUT 58 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER NO.1, CANAL SUB DIVISION, TURVIHAL, RAICHUR-584 132 R/AT UMALOOTI, SINDANUR TALUK, RAICHUR DISTRICT - 584 132. 2. SRI. GAJANANA, S/O. VENKATARAMANNA, AGED ABOUT 46 YEARS, WORKING AS ASSISTANT ENGINEER-2, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT SUB DIVISION, SINDANUR, RAICHUR-584 128, R/AT HOUSE NO.166, MUDDANAGUDDI, KHARABDINNI POST, MANVI TALUK, RAICHUR - 584 123. 3. SRI. MAHEMOOD, S/O. LATE MAHABOOBALI, AGED ABOUT 50 YEARS, WORKING AS SECOND DIVISION ASSISTANT, OFFICE OF THE EXECUTIVE ENGINEER, - 9 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR NO.3 CANAL DIVISION, KARNATAKA NEERAVARI NIGAM LIMITED, SINDANUR, RAICHUR-584 128 R/AT ID QUARTERS, PWD CAMP, SINDANUR, RAICHUR-584 128. 4. SRI. NAGARAJ S/O. LATE NARASAPPA, AGED ABOUT 48 YEARS, WORKING AS SECOND DIVISION ASSISTANT, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, NO.2 SUB DIVISION, YARAMARUS CAMP, RAICHUR- 584 135, R/AT MANGALVARPET, HOUSE NO.4-5-98, RAICHUR - 584 101. ...PETITIONERS (BY SRI. SATISH K., ADV.) AND: 1. 2. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE- 560 001. THE STATE OF KARNATAKA, DEPARTMENT OF WATER RESOURCES, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001. 3. KARNATAKA NEERAVARI NIGAM LIMITED REP. BY ITS MANAGING DIRECTOR, 4TH FLOOR, COFFEE BOARD BUILDING, NO.1, DR. B. R. AMBEDKAR ROAD, BANGALORE - 560 001. 4. SRI. ABDUL RASHEED KHAN, S/O. UMAR KHAN, AGED ABOUT 60 YEARS, PRESENTLY RETIRED AS ASSISTANT ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, RESIDING AT HOUSE NO. 10.4.377, - 10 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR PUBLIC WORKS DEPARTMENT CAMP, WARD NO.10, MANVI, RAICHUR-584 123. 5. SRI KANAKAPPA S/O. LATE AMARAPPA, AGED ABOUT 59 YEARS, PRESENTLY RETIRED AS ASSISTANT ENGINEER, KRISHNA BHAGYA JALA NIGAM LIMITED, RESIDING AT GOREBALU POST, LINGSUR TALUK, RAICHUR-584 127. 6. SRI. ABDUL HAQUE, S/O. GAREEB PASHA, AGED ABOUT 59 YEARS, PRESENTLY RETIRED AS TRACER, KNNL, SIRUWAR, RAICHUR, PERMANENTLY R/NEAR AMBEDKAR CIRCLE, NARAYANAPUR POST, SHORAPUR TALUK, YADGIR-585 224. ...RESPONDENTS (BY SRI.V SHIVAREDDY, AGA FOR R1 & R2 SRI PRASHANTH B.R., ADV. FOR R3 V/O DATED 31.08.2024 R4 TO R6 ARE DELETED FROM THE ARRAY OF PARTIES) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE, TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 28.08.2024 PASSED IN APPLICATION NOS. 20070-71 AND 20073-74/2024 (ANNEXURE-A) AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF - 11 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners in the above writ petitions are before this Court questioning the common order dated 28.08.2024 in Application Nos.447 to 453 of 2024, 10104 to 10115 of 2024 and 20070 to 71 and 20073-74/2024, whereunder the petitioners challenge to the order of suspension dated 18.01.2024 is rejected. 2. Memo dated 17.03.2025 is filed enclosing the Government Order bearing No.d¸ÀAE 121 J¸ïrJ 2024 (¨sÁUÀ-2), ¨ÉAUÀ¼ÀÆgÀÄ dated 14.03.2025 whereunder the order of suspension dated 18.01.2024 of the petitioners is withdrawn pending departmental/disciplinary proceedings. 3. In view of the withdrawal of the order of suspension, nothing would survive for consideration in the above writ petitions. - 12 - NC: 2025:KHC:21632-DB WP No. 24134 of 2024 C/W WP No. 24132 of 2024 WP No. 24133 of 2024 HC-KAR 4. Accordingly, all the writ petitions stand
Decision
disposed of. 5. All contentions raised in the writ petitions are kept open. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 6