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2025 DAILYLAW 69044 (KAR)

NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES (NIMHANS) v. SRI A G NAGARAJ

WP/29043/2023 · 2025-08-14

K V Aravind, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31447-DB WP No. 29043 of 2023 C/W WP No. 17506 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 29043 OF 2023 (S-CAT) C/W WRIT PETITION No. 17506 OF 2024 (S-CAT) IN WP No. 29043/2023 BETWEEN: 1. NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES (NIMHANS), HOSUR ROAD, BANGALORE MILK DAIRY, BANGALORE 560029, REP. BY ITS DIRECTOR, DR. PRATHIMA MURTHY. …PETITIONER (BY SRI PRABHAKAR RAO K., ADVOCATE) AND: 1. SRI A. G. NAGARAJ, S/O LATE A. G. GIRYAPPA, SENIOR NURSING OFFICER, DEPARTMENT OF CLINICAL NURSING SERVICES, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES (NIMHANS), HOSUR ROAD, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31447-DB WP No. 29043 of 2023 C/W WP No. 17506 of 2024 BANGALORE MILK DAIRY, BANGALORE 560029. …RESPONDENT (BY SMT. APOORVA BASAVARADDER, ADVOCATE FOR SRI M.K. PRITHVEESH, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 21/09/2023 PASSED IN OA No.170/446/2022 BY HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH (ANNEXURE-E) AND ETC. IN WP No. 17506/2024 BETWEEN: 1. NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES (NIMHANS), HOSUR ROAD, BANGALORE MILK DAIRY, BANGALORE-560 029, REPRESENTED BY ITS DIRECTOR, DR. PRATHIMA MURTHY. ...PETITIONER (BY SRI. K PRABHAKAR RAO.,ADVOCATE) AND: 1. SRI. Y. N. MURALIDHARA, S/O. Y. P. NARAYANA, PRIVATE SECRETARY, DEPARTMENT OF NEURO PATHELOGY, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEUROSCIENCES (NIMHANS), HOSUR ROAD, BANGALORE MILK DAIRY, BANGALORE-560 029. ...RESPONDENT (BY SMT. APOORVA BASAVARADDER, ADVOCATE FOR SRI M.K. PRITHVEESH, ADVOCATE FOR C/R1) - 3 - HC-KAR NC: 2025:KHC:31447-DB WP No. 29043 of 2023 C/W WP No. 17506 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 21/09/2023 PASSED IN OA No.170/465/2022 BY HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH (ANNEXURE-C) AND ETC. THESE PETITIONS 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 K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Sri. K. Prabhakar Rao, learned counsel for the petitioner and Smt. Apoorva Basavaradder, learned counsel for Sri. M. K. Prithveesh, learned counsel for caveator respondent No.1 are present. 2. Memo dated 11.08.2025 is filed by learned counsel for the petitioner seeking leave to withdraw the writ petition. Memo reads as follows: "The Petitioner's Institute initiated disciplinary proceedings against the Respondent vide charge sheet dated 9.9.2022. Disciplinary proceedings are under challenge before this Hon'ble Court against the Respondent. When the proceedings are pending, the Respondent has given representation to the Petitioner by way of an undertaking that the Petitioner will not repeat the acts of misconduct - 4 - HC-KAR NC: 2025:KHC:31447-DB WP No. 29043 of 2023 C/W WP No. 17506 of 2024 mentioned in the above charge sheet in future and expressed regret for the incident relating to the charge sheet dated 9.9.2022. The copy of the undertaking dated 07-08-2025 given by the Respondent is herewith produced as Annexure-A. The Petitioner has considered the representation of the Respondent on the condition that the Respondent will not repeat in future the acts of misconduct mentioned in the charge sheet dated 9.9.2022. The Petitioner in view of the representation dated 07-08-2025 of the Respondent, prays that this Hon'ble Court be pleased to dispose of the above Writ Petition as not pressed in the interest of justice." 3. Learned counsel for the respondent would not dispute the representation submitted by the respondent as indicated in the memo. 4. Memo is placed on record. 5. Writ petition is dismissed as withdrawn. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS/List No.: 1 Sl No.: 3