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2025 DAILYLAW 34482 (KAR)

SRI. YESHWANTH N v. THE STATE OF KARNATAKA

RP/500/2024 · 2025-02-28

C M Poonacha, S G Pandit

Review Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:8829-DB RP No. 500 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA REVIEW PETITION NO. 500 OF 2024 BETWEEN: 1. SRI. YESHWANTH N S/O. M. NANJUNDAPPA, AGED ABOUT 45 YEARS, EX-ARMED POLICE CONSTABLE, R/O. NO. 213, LIG GROUP-3, CAR POLICE QUARTERS, KHB COLONY, HOOTAGALLI, BELAVADI POST, MYSURU-570 028. 2. SRI. R. PRASANNA KUMAR S/O. LATE RAJU, AGED ABOUT 48 YEARS, EX-ARMED POLICE CONSTABLE, R/O. NO. 201, LIG GROUP-3, CAR POLICE QUARTERS, KHB COLONY, HOOTAGALLI, BELAVADI POST, MYSURU-570 028. …PETITIONERS (BY SRI. RANGANATHA S JOIS, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 002. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8829-DB RP No. 500 of 2024 KARNATAKA STATE, NRUPATHUNGA ROAD, BENGALURU-560 001. 3. THE COMMISSIONER OF POLICE MYSURU CITY, MYSURU-570 001. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF THE CODE OF CIVIL PROCEDURE PRAYING TO REVIEW THE ORDER DATED 4.9.2024 MADE IN W.P. NO.14527/2020 PASSED BY THIS HONBLE COURT VIDE ANNEXURE A AND REVIEW THE SAME AND PASS APPROPRIATE ORDERS IN THE ABOVE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND HAVING REGARD TO THE FACTS AND GROUNDS STATED SUPRA IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, 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 C.M. POONACHA ORAL ORDER (PER: HON'BLE MR JUSTICE S.G.PANDIT) Heard learned counsel Sri Ranganatha S.Jois, for the Review Petitioners through Video Conferencing. Perused the Review Petition papers. 2. Learned counsel urged only one ground placing reliance on Annexure-B, the Notification dated 2.5.2020, that the punishment for criticizing the Government in violation of the Karnataka Civil Services (Conduct) Rules, 1966, is - 3 - NC: 2025:KHC:8829-DB RP No. 500 of 2024 withholding of two annual increments. Therefore, the punishment of compulsory retirement imposed on the petitioners is too harsh and disproportionate. 3. On hearing the learned counsel for the Review Petitioners as well as on going through the entire Review Petition papers, we are of the view that there is no error apparent on the face of the record to review the order. Further, we are of the view that the petitioners were ex- constables of the Karnataka Police Force i.e., Civil Armed Reserve Police. The personnel belonging to the police department shall maintain high degree of discipline and the personnel of the police department cannot compare themselves to the other employees of the State Government. The notification on which the petitioners placed reliance is not binding on the Disciplinary/Appointing Authority and it would guide the authorities. However, Disciplinary/Appointing Authority is empowered to impose appropriate punishment depending on the proved charge depending on its nature and gravity. - 4 - NC: 2025:KHC:8829-DB RP No. 500 of 2024 4. We do not find any error in the order under review. Accordingly, the Review Petition is rejected. Consequently, IA.No.1/2024 stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 2