SHRI RAMANGOUDA S/O MARIGOUDA PATIL v. THE STATE OF KARNATAKA
WP/105368/2025 · 2025-11-04
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38106 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38106 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14988 WP No. 105368 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105368 OF 2025 (S-DIS)
BETWEEN:
SHRI. RAMANGOUDA S/O. MARIGOUDA PATIL AGE: 62 YEARS, OCC: RETIRED, R/O: “SHRI BANASHANKARI NILYA” PALANKAR LAY OUT, MULAGUND ROAD, TQ & DIST GADAG 582101.
… PETITIONER (BY SRI. SANTOSH BALAPPA RAWOOT, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU -01.
2.
THE DIRECTOR MUNICIPAL ADMINISTRATION, 9-10TH FLOOR, VISHWASHWARYYA TOWER BENGALURU -01.
3.
THE DEPUTY COMMISSIONER, UTTARA KANNADA, TQ & DIST: UTTARA KANNADA- 581301
4.
THE CHIEF OFFICER, PATTAN PANCHAYAT HONNAVAR, TQ: HONNAVAR, DIST: UTTARA KANNADA-581334.
… RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP R1 TO R3;
SRI. SURESH BHAT, ADVOCATE FOR R4)
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:14988 WP No. 105368 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTIONS BY QUASHING THE ORDER DATED 07/03/2019 PASSED BY THE RESPONDENT NO.2 UNDER ORDER BEARING NO.26376 DMA 32 EQBG 2018-19 VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY.
B) THE RESPONDENT NO.2 MAY KINDLY BE DIRECTED TO CONSIDER REPRESENTATION DATED 14/02/2024 AND DATE 29/04/2025 VIDE ANNEXURE-C AND D, RESPECTIVELY IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer: a) Issue a writ in the nature of certiorari or any other writ or directions by quashing the order dated 07/03/2019 passed by the respondent no.2 under
order bearing no.26376 DMA 32 EQBG 2018-19 vide Annexure-B, in the interest of justice and equity. b) The respondent no.2 may kindly be directed to consider representation dated 14/02/2024 and date 29/04/2025 vide Annexure-C and D, respectively in the interest of justice and equity.
2. Heard Shri Santosh B.Rawoot, learned counsel appearing for the petitioner and Smt. Girija S.Hiremath, learned
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HC-KAR NC: 2025:KHC-D:14988 WP No. 105368 of 2025
AGA appearing for respondent Nos.1 to 3; and Shri Suresh Bhat,
learned counsel appearing for respondent No.4.
3. The petitioner is an employee of the second respondent – Director Municipal Administration. The petitioner during his service is said to have been placed under suspension by an order dated 07.03.2019. The petitioner during the subsistence of suspension retires on attaining the age of superannuation. In the light of the retirement of the petitioner, the order of suspension would come to an end. But the charge sheet is issued to the petitioner during his service. The enquiry proceedings are said to be pending. In the light of the said circumstance, no terminal benefits of the petitioner is settled. It is therefore, the petitioner is before this Court.
4.
Learned counsel appearing for the petitioner would submit that, if a direction is issued for conclusion of the enquiry, it would suffice for the present.
5. Since the petitioner is a retired employee and his terminal benefits are at stake, I deem it appropriate to dispose the petition with a direction to the State to conclude the enquiry
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HC-KAR NC: 2025:KHC-D:14988 WP No. 105368 of 2025
within an outer limit of three months from the date of receipt of the copy of the order. In the event the enquiry is not completed within three months, the petitioner will become entitled to all terminal benefits that would flow from his retirement, notwithstanding the pendency of the enquiry. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
VNP / CT:ANB List No.: 1 Sl No.: 21