Shankarappa N vs State Of Karnataka & Others

Satish Chandra Sharma J

The petitioner before this Court has filed the present writ petition being aggrieved by non grant of interim order in the application preferred by him

before the Karnataka State Administrative Tribunal, Bengaluru.

The facts of the case reveal that the present petitioner - Shankarappa A N was working as Grade I Secretary, Vadaguru Grama Panchayat, Kolar

Taluk, and an order was passed on 4.12.2020 by the Chief Executive Officer, Kolar, Chikkaballapur. By order dated 4.12.2020, three employees were

dismissed from service namely, (a) Vyshali Sagar, who was working as Panchayat Development Officer, Vadagur Grama Panchayat, (b)

A.M.Shankarappa, Grade I Secretary, Vadagur Grama Panchayat and (3) Nagaraj, Grade II Village Accountant, Vadagur Grama Panchayat,

meaning thereby by one common order, three employees were dismissed from service. For the reasons best known to the Chief Executive Officer,

the order was not communicated to them and only on 30.6.2021 i.e., after about seven months the order was communicated.

The present petitioner being aggrieved by the order of termination, immediately preferred an application before the Karnataka State Administrative

Tribunal (hereinafter referred to as the Tribunal) i.e., Application No.2837/2021 and Smt.Vyshali also preferred an application and the same was

registered as Application No.2840/2021. Both the matters were listed on 7.7.2021 and in case of the present petitioner/Shankarappa A.N on 7.7.2021

the Tribunal has arrived at a conclusion that no case for grant of interim relief is made out in the matter and has posted the matter on 17.8.2021. In the

other matter, which was listed on the same day, an order of status quo was passed on 7.7.2021 and on the next date i.e., on 8.7.2021, the order of

termination has been set aside to the extent Vyshali Sagar is concerned.

In the considered opinion of this Court, as both the cases were arising out of the same common order of termination dated 4.12.2020, the Tribunal

should have heard both the matters together and should have passed orders in both the matters. No reason has been assigned in the order dated

8.7.2021 which has been placed on record in the case of Vyshali Sagar as to why the matter was taken up on the next day and heard on the next day

finally.

In the considered opinion of this Court, posting one matter arising out of the same order on the next day and adjourning another matter arising out of

the same order should have been avoided. However, as the application preferred by Vyshali Sagar has already been allowed, the Tribunal is requested

to decide the application of the present petitioner within a period of 15 days from today.

It is needless to mention that this Court has not expressed anything on merits and the Tribunal shall be free to pass appropriate order in accordance

with law keeping in view their own earlier order passed in the case of Vyshali Sagar in Application No.2840/2021. The petitioner shall appear before

the Tribunal on 14.7.2021 and the Tribunal shall decide the application within a period of 15 days from today.

The Registrar General is directed to communicate this order to the Registrar of the Tribunal by e-mail/by any other mode of service.

The copy of this order uploaded in the website shall be treated as certified copy for all purposes enabling the Tribunal to dispose of the matter as

already observed earlier.

As this Court has directed the petitioner to appear before the Tribunal on 14.7.2021, on 14.7.2021 itself the Tribunal shall also consider the question

of grant of interim relief and shall decide the matter finally within 15 days from today.

With the aforesaid, the writ petition is disposed of. Pending applications, if any, shall stand disposed of. No order as to costs.