Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:36184 WP No. 23989 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 23989 OF 2025 (S-DE) BETWEEN:
DR. B M MOHAN AGED 73 YEARS S/O LATE SRI.B.MUTHAIAH FORMER DIRECTOR FORENSIC SCIENCE LABORATORIES R/AT NO.8, B.S.R. MANTRALAYA APARTMENT COMPLEX, 19TH MAIN 25TH CROSS, 2ND SECTOR, H.S.R. LAYOUT BENGALURU 560102 …PETITIONER (BY SRI. BALASUBRAMANYA B N., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD BANGALORE-560001.
2.
THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT HOME DEPARTMENT, 2ND FLOOR VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD BENGALURU-560 001.
3.
THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE, NRUPATHUNGA ROAD BENGALURU-560 001.
4.
THE UNDER SECRETARY GOVERNMENT OF KARNATAKA
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:36184 WP No. 23989 of 2025
HOME DEPARTMENT, POLICE SERVICES VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD BANGALORE-560001. …RESPONDENTS (BY SRI. VIKAS R., AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT OF CERTIORARI BY SETTING ASIDE THE IMPUGNED
ORDER DATED 03.04.2025 (PARA 2 , PAGE NO.6 OF THE IMPUGNED
ORDER 03.04.2025) PASSED BY THE 4TH RESPONDENT VIDE
ORDER G.O.NO.OE 139 PEI 2024 BANGALORE I.E., ANNEXURE-A AND DIRECT THE RESPONDENTS TO IMMEDIATELY CLEAR THE PAYMENT OF INTEREST FOR THE DELAYED PERIOD OF DCRG AND LEAVE ENCASHMENT AND OTHER RETIREMENT BENEFITS TO THE PETITIONER AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is holding a civil post and therefore, he has to approach the Karnataka State Administrative Tribunal.
2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the
- 3 -
HC-KAR NC: 2025:KHC:36184 WP No. 23989 of 2025
hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in (1997) 3 SCC 261.
3. In view of the above, the writ petition is
disposed of, with liberty reserved to the petitioner to approach the appropriate legal forum, if law permits.
4. Registry is directed to return the original or certified copies of the documents, if any, to the petitioner, after retaining the photocopies of the same for record purpose.
5. All pending I.As. are disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 3