Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 32581 (KAR)

SRI P NAGESH v. THE STATE OF KARNATAKA

WP/25167/2024 · 2025-04-17

Krishna S Dixit, Ramachandra D Huddar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:15857-DB WP No. 25167 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 25167 OF 2024 (S-KSAT) BETWEEN: SRI. P. NAGESH, AGED 57 YEARS, S/O LATE NAGARAJ, PRESENTLY JOINT DIRECTOR, DISTRICT INDUSTRIES CENTER, KOLAR, R/O FLAT NO. 005, BHARATHASHRAYA APARTMENTS, KUNIKANA, DEREBAIL, MANGALURU - 575 004, DISTRICT DAKSHINA KANNADA. …PETITIONER (BY SRI. P.P. HEGDE, SENIOR COUNSEL FOR SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU - 560 001. …RESPONDENT (BY SRI. VIKAS ROJIPURA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDERS QUASHING THE ORDER DATED 25/09/2023 PASSED IN APPLICATION NO.2219/2023 PASSED BY HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL VIDE ANNEXURE-A IN SO FAR AS REMITTING THE MATTER BACK TO THE RESPONDENT GOVERNMENT TO PROCEED FURTHER IN THE MATTER IN ACCORDANCE WITH LAW AND ETC. Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15857-DB WP No. 25167 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) The petitioner is knocking at the doors of Writ Court for assailing the State Administrative Tribunal's order dated 25.09.2023, whereby the order dated 12.04.2023 in respect of Disciplinary Enquiry having been set aside, the matter is remitted to the portals of Government for consideration afresh. 2. Learned Senior Advocate appearing for the petitioner in his usual fairness submits that though the order is now put in challenge shorn of pleadings, if the Court directs accomplishment of the remanded matter in a reasonable time, his client would be satisfied, provided that the order dated 12.04.2023 is revived & sustained. 3. Learned Additional Government Advocate on request appearing for the official respondent although initially opposed the petition, now agrees with our view - 3 - NC: 2025:KHC:15857-DB WP No. 25167 of 2024 that the subject enquiry on remand has to be accomplished within a reasonable period and in accordance with law. In view of this fair stand, much discussion is unwarranted. In the above circumstances, this petition is allowed in part; a writ of mandamus issues to the respondent to accomplish the hearing & disposal of subject remand in terms of order dated 12.04.2023 within a period of four months. If delay is brooked, the enquiry shall be treated as having been remanded. The impugned order of the Tribunal is to that extent modified. No costs. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE SMJ List No.: 1 Sl No.: 15