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2025 DAILYLAW 71734 (KAR)

SRI.SYEDMUJIB v. THE STATE OF KARNATAKA

WP/27164/2024 · 2025-07-21

Jayant Banerji, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27219-DB WP No. 27164 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT PETITION NO. 27164 OF 2024 (S-KSAT) BETWEEN: SRI.SYEDMUJIB, S/O SYED GAFFAR, AGED ABOUT 49 YEARS, SECOND DIVISION ASSISTANT, OFFICE OF THE DISTRICT HEALTH OFFICE, NPC COMPOUND, NAZARABAD, MYSURU-570 010. RESIDING AT NO.67, 1ST CROSS, 3RD MAIN, 5TH STAGE, KALYANAGIRINAGAR, MYSURU - 570 019. …PETITIONER (BY SRI. NANDISH GOWDA G.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, M.S.BUILDING, BENGALURU - 560 001. Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27219-DB WP No. 27164 of 2024 2. THE DIRECTOR, DEPARTMENT OF HEALTH AND FAMILY SERVICES, M.S.BUILDING, BENGALURU - 560 001. 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, MYSURU DISTRICT, MYSURU - 570 010. …RESPONDENTS (BY SRI.V.SHIVA REDDY, AGA FOR R1 TO R3 ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO (1) SET ASIDE THE IMPUGNED ORDER DATED 28.08.2024 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPLICATION NO.4356/2023 VIDE ANNEXURE-A. (2) ISSUE SUCH OTHER WRIT OR ORDER OR DIRECTION THAT THIS HON'BLE COURT MAY DEEM FIT UNDER THE CIRCUMSTANCES OF THE CASE TO SECURE THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27219-DB WP No. 27164 of 2024 CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE S.G.PANDIT ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Pursuant to the previous order dated 07.07.2025 passed by this Court, which directed as follows: "The second and third respondents are directed to file affidavit as to whether the enquiry in pursuance to order of the Tribunal dated 28.08.2024 in Application No.4356/2023 is initiated by issuing charge memo and if so, what is the stage of enquiry. If the charge memo is not issued and Enquiry Officer is not appointed, reasons for not issuing charge memo as well as not appointing Enquiry Officer shall be indicated." 2. Learned State Counsel states that an enquiry officer has been appointed on 14.07.2025 as submitted in the affidavit filed on behalf of the State. 3. Learned State Counsel submits that the charge memo was issued to the delinquent petitioner on 23.12.2024. We are pained by the facts that the petitioner has filed this writ petition only because of inaction on the part of the respondents. At this stage, learned State - 4 - HC-KAR NC: 2025:KHC:27219-DB WP No. 27164 of 2024 counsel states that the enquiry proceedings shall be conducted within a period of 3 months. 4. Learned counsel for the petitioners submits that he would not press this petition in view of the statement by the learned State Counsel. 5. Accordingly, in view of the statement made by the Learned State counsel, we dispose of this writ petition directing the respondents to ensure that the enquiry officer concerned takes the enquiry proceeding to its logical conclusion within the next 3 months. Sd/- (JAYANT BANERJI) JUDGE Sd/- (S.G.PANDIT) JUDGE RCK, List No.: 1 Sl No.: 34