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2025 DAILYLAW 71547 (KAR)

SRI. CHARAN v. STATE OF KARNATAKA

WP/20594/2025 · 2025-07-11

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25456 WP No. 20594 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 20594 OF 2025 (S-RES) BETWEEN: SRI. CHARAN S/O. M. SRINIVASA AGED ABOUT 47 YEARS R/ AT NO.226, 4TH MAIN 6TH BLOCK, BSK 3RD STAGE 3RD PHASE, BENGALURU - 560 085. WORKING AS AUDIT OFFICER OFFICE OF THE EXECUTIVE ENGINEER NO.2 BUILDING DIVISION PWD ANNEXURE BUILDING 1ST FLOOR, K.R.CIRCLE BENGALURU - 560 001. …PETITIONER (BY SRI. VIJAYA SHEKARA GOWDA V., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25456 WP No. 20594 of 2025 2. STATE OF KARNATAKA REP. BY ITS SECRETARY PUBLIC WORKS DEPARTMENT VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 3. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT COMMUNICATIONS AND BUILDINGS K.R. CIRCLE, BENGALURU - 560 001. 4. THE SUPERINTENDENT ENGINEER PUBLIC WORKS DEPARTMENT BUILDINGS CIRCLE BENGALURU - 560 001. 5. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT NO.2 BUILDING DIVISION PWD ANNEXURE BUILDING 1ST FLOOR, K.R. CIRCLE BENGALURU - 560 001. …RESPONDENTS (BY SMT. CHANDANI, HCGP FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE UNTENABLE SHOW CAUSE NOTICE DATED 05.07.2025 ISSUED BY THE 5th RESPONDENT CALLING UPON THE PETITIONER TO GIVE AN EXPLANATION REGARDING FAKE FDRS SUBMITTED BY M/S.SANGAMESH INFRASTRUCTURES INDIA PVT. LTD. AS PER ANNEXURE-E - 3 - HC-KAR NC: 2025:KHC:25456 WP No. 20594 of 2025 VIDE NO: EXECUTIVE ENGINEER/BUILDING DIVISION-2/ C-1/2025-26/2118 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. At the outset, learned HCGP raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is a Civil Servant and he has to approach the Karnataka Administrative Tribunal. 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the 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. - 4 - HC-KAR NC: 2025:KHC:25456 WP No. 20594 of 2025 3. In view of the above, the writ petition is disposed of, reserving liberty for the petitioner to approach the appropriate legal forum. 4. Registry is directed to return the certified copies of the documents to the petitioner forthwith after retaining the Xerox copies of the same. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 17