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High Court of Karnataka · body

2025 DAILYLAW 33350 (KAR)

DR A R KRISHNE GOWDA v. STATE OF KARNATAKA

WP/23831/2023 · 2025-01-20

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:2124 WP No. 23831 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.23831 OF 2023 (S-RES) BETWEEN: DR. A.R. KRISHNE GOWDA S/O LATE A.R. RANGE GOWDA, AGED ABOUT 62 YEARS, WORKING AS SENIOR MEDICAL OFFICER, MEDICAL DEPARTMENT, MYSORE, FORT. ARKALAGUDU, HASSAN. REP. BY SRI. D.V.R. SWAMY, ADVOCATE, NO. 404, 8TH 'A' MAIN, 4TH CROSS, 1ST BLOCK, KALYANA NAGAR, BANGALORE-560 043, PH NO.7760965592 SWAMYDVR@GMAIL.COM …PETITIONER (BY SRI. D. VENKATARAMANA SWAMY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF PUBLIC HEALTH AND FAMILY WELFARE, M.S. BUILDING/VIDHANA SOUDHA, BANGALORE-560 001. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2124 WP No. 23831 of 2023 2. DIRECTOR MEDICAL EDUCATION, ANANDA RAO CIRCLE, BANGALORE-560 009 3. COMMISSIONER, HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, 1ST CROSS, MAGADI ROAD, BANGALORE-560 023 4. CHIEF MEDICAL OFFICER, GOVT. MEDICAL HOSPITAL, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 548. 5. THE PRINCIPAL, GOVT. MEDICAL COLLEGE, MYSORE-570 015 …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2 TO WITHDRAW THE DISMISSAL ORDER PASSED BY THE R1 VIDE ORDER NO.HFW/241/MSA/2016 DATED 28.02.2017 AND MODIFY COMPULSORY RETIREMENT THE ORDER NO.HFW/06/MSA/2019 DATED 26.02.2019 FOR SANCTION OF PENSIONARY BENEFIT TO THE APPLICANT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:2124 WP No. 23831 of 2023 CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard Sri. D.Venkatarama Swamy, learned counsel for the petitioner and Smt. Prathibha.R.K., learned Additional Government Advocate for the respondents. Perused the writ petition papers. 2. The petitioner, a dismissed Medical Officer belonging to the Health and Family Welfare Department, is before this Court under Article 226 of the Constitution of India, questioning the order of dismissal and praying to modify compulsory retirement and for related reliefs. 3. The petitioner was a Government Servant and for redressal of his grievance, alternative Forum is provided under the Administrative Tribunals Act, 1985 (for short '1985 Act'). Since the petitioner is provided with alternative Forum for redressal of his grievance, I decline to entertain the writ petition under Article 226 of the Constitution of India. Accordingly, writ petition stands - 4 - NC: 2025:KHC:2124 WP No. 23831 of 2023 disposed of with liberty to the petitioner to approach the Forum created under the 1985 Act. Sd/- (S.G.PANDIT) JUDGE SMJ, List No.: 1 Sl No.: 28