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2025 DAILYLAW 53876 (KAR)

LOKESHA S/O PAPAIAH v. UNION OF INDIA

WP/9780/2025 · 2025-07-14

S G Pandit, T M Nadaf

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25709-DB WP No. 9780 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 9780 OF 2025 (S-CAT) BETWEEN: LOKESHA S/O PAPAIAH AGED ABOUT 36YEARS PERMANENT ADDRESS NO.106 WIPRO LAYOUT SHYADANAHALLI MAIN ROAD OPPOSITE TO KUSUMA CHANDRASHEKAR CONVENTION HALL MYSURU-570016 WORKING AS ASSISTANT SUPERINTENDENT OF POST OFFICES (R) MANGALURU DIVISION MANGALURU-575001. …PETITIONER (BY SRI.LOKESHA (PARTY-IN-PERSON) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY DEPARTMENT OF POSTS MINISTRY OF COMMUNICATION AND IT DAK BHAVAN, SANSAD MARG NEW DELHI-110001. 2. THE CHIEF POSTMASTER GENERAL KARNATAKA CIRCLE PALACE ROAD, BANGALORE-560 001. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25709-DB WP No. 9780 of 2025 3. THE POSTMASTER GENERAL BENGALURU REGION, O/O CPMG, KARNATAKA CIRCLE PALACE ROAD, BANGALORE-560 001. 4. THE DIRECTOR POSTAL SERVICES O/O THE POSTMASTER GENERAL SOUTH KARNATAKA REGION 2ND FLOOR, GPO BUILDING BENGALURU-01. 5. THE SUPERINTENDENT OF POST OFFICES CHANNAPATNA DIVISION CHANNAPATNA-562160. 6. THE SR.SUPERINTENDENT OF POST OFFICES MANGALURU DIVISION MANGALURU-575001. 7. L. K. DASH S/O NOT KNOWN TO THE PETITIONERS AGED ABOUT 52 YEARS THE THEN POSTMASTER GENERAL BENGALURU HQ REGION, BENGALURU PRESENTLY WORKING AS DEPUTY DIRECTOR GENERAL DAKBHAWAN, NEW DELHI-01. 8. A KORAGAPPA S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 58 YEARS WORKING AS ASSISTANT POSTMASTER GENERAL (STAFF) O/O THE POSTMASTER GENERAL BENGALURU H.Q REGION PALACE ROAD, BENGALURU-560001. 9. SRI NAGASHAYANA S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 59 YEARS - 3 - HC-KAR NC: 2025:KHC:25709-DB WP No. 9780 of 2025 WORKING AS SUPDT. OF POST OFFICES CHANNAPATNA DIVISION CHANNAPATNA-562160 RAMANAGARA DISTRICT. 10. SMT. SHARADAMMA W/O NOT KNOWN TO THE PETITIONER AGED ABOUT 55 YEARS WORKING AS SUB POST MASTER V G DODDI SUB POST OFFICE CHANNAPATNA-561201 RAMANAGARA DISTRICT. 11. KUM LAKSHMI M D/O NOT KNOWN TO THE PETITIONER AGED ABOUT 28 YEARS WORKING AS BPM AJJANAHALLI B.O A/W V G. DODDI S.O-561201 RAMANAGARA DISTRICT. 12. NAGAIAH M. G S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 50 YEARS WORKING AS ABPM KARALAMANGALA B.O A/W V G. DODDI S O-561201 RAMANAGARA DISTRICT. 13. MANCHEGOWDA Y S S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 50 YEARS WORKING AS DAK SEVAK V. G.DODDI S.O-561201 RAMANAGARA DISTRICT 14. KANTHARAJU MAILOVERSEER CHANNAPATNA SUB DIVISION CHANNAPATNA-562160 RAMANAGARA DISTRICT. - 4 - HC-KAR NC: 2025:KHC:25709-DB WP No. 9780 of 2025 15. RASHMI K C W/O NOT KNOWN TO THE PETITIONER AGED ABOUT 35 YEARS WORKING AS DAKSEVAK V G. DODDI S.O-561201 RAMANAGARA DISTRICT. 16. KRISHNA K. V @ KRISHNAPPA S/O VENKATAIAH, KOORANAGERE V.G. DODDI S. O-561201 RAMANAGARA DISTRICT. 17. M. R. KULKARNI S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 52 YEARS WORKING AS ASP (VIGILANCE) O/O THE POSTMASTER GENERAL BENGALURU HQ REGION PALACE ROAD, BENGALURU-560001 18. SMT. M REKHA W/O NOT KNOWN TO THE PETITIONER AGED ABOUT 55 YEARS WORKING AS ASP(PIG) O/O THE POSTMASTER GENERAL BENGALURU HQ REGION PALACE ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI. B PRAMOD, CGC FOR R1 TO R6) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH IN RESPECT OF THE IMPUGNED ORDER DATED 08.01.2025 PASSED IN O.A NO.24/2025 (ANNEXURE-A) AND SET ASIDE THE IMPUGNED ORDER DATED 08.01.2025 PASSED BY THE HON’BLE CAT BENGALURU BENCH IN O.A NO-24/2025 DATED 08.01.2025 IN SO FAR AS NON GRANT OF INTERIM ORDER OF STAY AS SOUGHT FOR BY THE PETITIONER IS CONCERNED (ANNEXURE-A) AND ETC. - 5 - HC-KAR NC: 2025:KHC:25709-DB WP No. 9780 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard Sri Lokesha the petitioner/party-in-person, and Sri.B.Pramod, learned CGC for respondents No.1 to 6. Perused the entire writ petition papers. 2. Petitioner/Party-in-person is before this Court questioning the interim order dated 08.01.2025 (Annexure-A) passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru (for short “Tribunal”) in O.A.No.24/2025, ordering notice to the respondents and refusing to grant interim order of stay of the charge memo which is challenged on the ground of incompetency of the Director, Postal Services, South Karnataka Region to issue, insofar as petitioner i.e., Assistant Superintendent of Post Offices is concerned. - 6 - HC-KAR NC: 2025:KHC:25709-DB WP No. 9780 of 2025 3. The petitioner/party-in-person would submit that insofar as petitioner i.e., Assistant Superintendent of Post Offices is concerned, the Appointing Authority is Head of Circle and the Authority competent to initiate disciplinary proceedings is also Head of Circle i.e., Chief Post Master General. Instead of Head of Circle/Chief Post Master General initiating enquiry, it is submitted that the Director of Postal Services, South Karnataka Region issued charge memo at Annexure-A28 dated 27.06.2024. The petitioner/ party-in-person would submit that the Tribunal, without taking note of the fact that the charge memo is issued by incompetent authority, failed to consider the interim prayer of the petitioner and issued only notice. 4. Per contra, Sri.B.Pramod, learned CGC appearing for respondents would submit that the application is posted to 16.07.2025 and on that day, the respondents would file statement of objections and thereafter, the Tribunal be directed to dispose of the - 7 - HC-KAR NC: 2025:KHC:25709-DB WP No. 9780 of 2025 application itself. Sri.Pramod would also submit that, the contention of the petitioner if considered at this interim stage, there remains nothing before the Tribunal for consideration. Therefore, he prays for dismissal of the writ petition with a direction to the Tribunal to dispose of the application itself. 5. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that at this interim stage, it would affect either of the parties if the contention of competency raised by the petitioner is considered, there remains nothing for consideration before the Central Administrative Tribunal in the pending application. 6. Learned CGC Sri.Pramod on behalf of respondents has undertaken that the respondents would file their statement of objections on 16.07.2025. If that be so, it would be appropriate for this Court to request the - 8 - HC-KAR NC: 2025:KHC:25709-DB WP No. 9780 of 2025 Tribunal to dispose of the application immediately thereafter. In the above circumstances, the writ petition stands disposed of. Undertaking of the respondents that they would file statement of objections on 16.07.2025 is placed on record. The petitioner/applicant shall file rejoinder, if any, within two weeks thereafter. The Tribunal is requested to dispose of the application O.A.No.24/2025, within four weeks thereafter. All contentions of the parties are left open. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT:bms