- 1 - NC: 2025:KHC-D:97 WP No. 106345 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.106345 OF 2024 (S-RES) BETWEEN: SHIVARAJ S/O. NAGANAGOUDA HIREGOUDRA, AGE: 30 YEARS, OCC: NIL, R/O: KHB QUARTERS NO.13, HOSALLI ROAD, TQ: GANGAVATHI, DIST: KOPPAL – 583 227. …PETITIONER (BY SRI B. C. JNANAYYASWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF HOME AFFAIRS, REPRESENTED BY ADDL. SPP, HIGH COURT PREMISES, DHARWAD – 580 007. 2. THE OFFICE OF VII BATALLION COMMANDENT, KARNATAKA STATE RESERVE POLICE, DIST: MANGALORE. 3. THE ADDL. DIRECTOR GENERAL OF POLICE, KSRP, PRINCIPAL OFFICE OF POLICE, BANGALORE, DIST: BANGALORE. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA, PRAYING TO, ISSUE IN THE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 13/02/2023 AND DIRECT THE RESPONDENT VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.21 11:34:03 +0530 - 2 - NC: 2025:KHC-D:97 WP No. 106345 of 2024 AUTHORITIES TO REINSTATE THE PETITIONER TO PROBATION FOR THE POST OF SPL. RESERVE POLICE CONSTABLE, AND CONSEQUENTLY ALLOW THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: 1. Issue in the writ in the nature of Mandamus directing the respondent authorities to consider the representations of the petitioner dated 13/02/2023 and direct the respondent authorities to reinstate the petitioner to probation for the post of Spl. Reserve Police Constable, and consequently allow the writ petition, in the interest of justice and equity. 2. Grant such other reliefs that this Hon’ble Court may deems fit in the circumstances of the case, in the interest of justice and equity. 2. Petitioner is admittedly a Police Constable working in the Home Department of the State Government and is a Government servant. A Writ Petition venting out in considering the grievance of the Government servant in - 3 - NC: 2025:KHC-D:97 WP No. 106345 of 2024 a petition under Article 226 without at the first instance the petitioner approaching the Tribunal would run foul of the judgment of the 7 Judge Bench of the Apex Court in the case of L. Chandrakumar vs. Union of India and others1 which is subsequently followed in reiteration of the judgment of the Apex Court in the case of Rajeev Kumar another Vs. Hemaraj Singh Chauhan and others2. 3. In the light of the aforesaid judgments, entertaining the petition of a Government servant vent out any kind of grievance unless exceptional circumstances exist would not be a course that is open to this Court as the 7 Judge Bench of the Apex Court clearly holds that the Tribunal is the Court of first instance and therefore, the petitioner had to approach the Tribunal at the first instance. In that light, the petition stands disposed reserving liberty to the petitioner to avail the remedy as referred hereinabove. The delay, if any, during the 1 AIR 1997 SC 1125 2 (2010) 4 SCC 554 - 4 - NC: 2025:KHC-D:97 WP No. 106345 of 2024 pendency of the petition before this Court would stand condoned. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 7