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2025 DAILYLAW 43847 (KAR)

M.B. HATTI S/O BASAPPA v. UNION OF INDIA

WP/113877/2019 · 2025-03-27

C M Poonacha, S G Pandit

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Judgment text

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- 1 - NC: 2025:KHC-D:5646-DB WP No. 113877 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 113877 OF 2019 (S-CAT) BETWEEN: M.B. HATTI S/O BASAPPA AGE: 49 YEARS, EX-GDS BPM, KADAMPUR BO, A/W GADAG CITY SO, (NOW REMOVED FROM SERVICE), RESIDING AT HULIGOL, GADAG-582102. …PETITIONER (BY SRI. PRASHANT HOSMANI, ADVOCATE) AND: 1. UNION OF INDIA BY SECRETARY, DEPARTMENT OF POSTS, DAK BHAVAN, NEW DELHI-110001. 2. THE POSTMASTER GENERAL N.K. REGION, DHAWRAD-580001. 3. THE SUPERINTENDENT OF POST OFFICES, GADAG DIVISION, GADAG-582101. …RESPONDENTS (BY SRI. M.B. KANAVI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE ORDER DATED 17.08.2018 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL BANGALURU BENCH (CAT) IN OA/170/00006/2018, ANNEXURE-A & ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5646-DB WP No. 113877 of 2019 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present writ petition is filed challenging the order dated 17.8.2018 passed in Original Application No.170/00006/2018 by the Central Administrative Tribunal, Bengaluru Bench1. 2. The petitioner, who was the applicant before the Tribunal, had challenged his order of dismissal of dated 15.7.2011 (Annexure-A14) as well as subsequent order dated 6.6.2017 (Annexure-A16) and sought for reinstatement with all consequential benefits. The Tribunal under impugned order dated 17.8.2018 dismissed the said application. Being aggrieved by the same, the petitioner has filed present writ petition. 3. Heard learned counsel Ms. Vidyashri N Mulimani for Sri. Prashant Hosmani, learned counsel for the petitioner and learned counsel Sri. M.B. Kanavi for the respondents. 1 ‘Tribunal’ for short - 3 - NC: 2025:KHC-D:5646-DB WP No. 113877 of 2019 4. Learned counsel the petitioner submits that the impugned order of the Tribunal does not disclose any reasons and the contentions put-forth by the petitioner has not been considered by the Tribunal. 5. It is forthcoming that the Tribunal while considering the said application has dismissed the same without assigning any reasons. The impugned order does not disclose that the Tribunal has considered the contentions put-forth by the applicant in the application and the reasons with regard to the said contentions put-forth. In the absence of the Tribunal assigning any reasons to dismiss the application filed by the applicant, it is not open for the Court to consider the contention put-forth by the petitioner for the first time in the present writ petition. 6. In view of the above, it is just and proper that the order of the Tribunal be set-aside and the matter be remanded to the Tribunal for reconsideration of the application of the petitioner on merits. 7. Hence, the following: - 4 - NC: 2025:KHC-D:5646-DB WP No. 113877 of 2019 ORDER a) The Writ Petition is allowed; b) The impugned order dated 17.8.2018 passed in Original Application No.170/00006/2018 by the Tribunal is set-aside; c) The parties shall appear before the Tribunal on 21.04.2025 without the requirement of any further notice being issued in this regard; d) Consequent to appearance of the parties, the Tribunal shall consider the application of the petitioner on its merit and pass appropriate orders in accordance with law. e) Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 2