Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49618 WP No. 21711 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 21711 OF 2025 (S-RES) BETWEEN:
SRI RAJKUMAR S/O SREEDHAR S, AGED ABOUT 37 YEARS, RESIDING AT NO.108, KOTHUR VILLAGE, PEDDAPALLI POST, VIA OORGAUMPET, KGF KOLAR DISTRICT-563 101
…PETITIONER (BY SRI. CYRIL PRASAD PAIS., ADV.) AND:
1.
STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, MS BUILDING, DR. AMBEDKAR ROAD, BENGALURU 560 001
Digitally signed by SHILPABAI S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49618 WP No. 21711 of 2025
2.
DEPUTY COMMISSIONER AND PRESIDENT, BACKWARD CLASS DISTRICT CASTE INCOME VERIFICATION COMMITTEE, KOLAR DISTRICT, KOLAR-563101
3.
DEPUTY COMMISSIONER, BACKWARD CLASS SOCIAL WELFARE AND MEMBER SECRETARY, BACKWARD CLASS DISTRICT CASTE AND INCOME VERIFICATION COMMITTEE, KOLAR DISTRICT, KOLAR-563101
4.
JOINT SECRETARY, ZILLA PANCHAYAT AND MEMBER, BACKWARD CLASS DISTRICT CASTE INCOME VERIFICATION COMMITTEE, KOLAR DISTRICT, KOLAR-563101
5. TAHSILDAR, KGF TALUK KGF AND MEMBER OF DISTRICT BACKWARD CLASS, CASTE AND DISTRICT CASTE INCOME VERIFICATION COMMITTEE, KOLAR DISTRICT, KOLAR-563101
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HC-KAR NC: 2025:KHC:49618 WP No. 21711 of 2025
6.
MEMBER SECRETARY BACKWARD CLASS DISTRICT CASTE AND INCOME VERIFICATION COMMITTEE KOLAR DISTRICT KOLAR-563101
7.
DISTRICT EMPLOYMENT DEPARTMENT, KGF DISTRICT, KOLAR-563101
8.
KARNATAKA STATE ROAD TRANSPORT CORPORATION, CHIKKABALLAPUR DIVISION, CHIKKABALLAPUR-562 101
9.
DIVISIONAL CONTROLLER AND APPOINTING AUTHORITY KARNATAKA STATE ROAD TRANSPORT CORPORATION CHIKKABALLAPURA DIVISION 562 101
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HC-KAR NC: 2025:KHC:49618 WP No. 21711 of 2025
10. DEPO MANAGER, KARNATAKA STATE ROAD TRANSPORT CORPORATION, BAGEPALLI TOWN, CHIKKABALLAPURA DISTRICT-562 101,
11. PRINCIPAL SECRETARY, BACKWARD CLASS DISTRICT CASTE AND INCOME VERIFICATION COMMITTEE, KOLAR DISTRICT, KOLAR-563101
…RESPONDENTS (BY SMT. B.P.RADHA, AGA FOR R1 TO R7 & R11, SMT. H.R.RENUKA, ADV, FOR R8 TO R10)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED 02.06.2025 WHICH IS AT ANNEXURE-a AND THE SUBSEQUENT LETTER IN PROCEEDINGS NO.DBCD/SIMPRAPA/ICR 56/2024-25 WHICH IS AT ANNEXURE- B AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:49618 WP No. 21711 of 2025
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER The petitioner has filed this writ petition, seeking for the following reliefs: a) Issue a writ of certiorari or any other writ quashing the order dated 02.06.2025 which is at Annexure-A and the subsequent letter dated 03.06.2025 in proceedings No.DBCD/SIMPRAPA/ICR 56/2024-25 which is at Annexure-B. b) Declare that the petitioner belongs to Bhanajiga Group 2A category considering special
facts and circumstances or in the alternative, direct the respondents to consider his appointment under Group 3 A category and allow him to continue in the employment of Technical Assistant in the ends of justice. (bb) - Quash the order dated 01.08.2025 passed by the 9th respondent in proceedings order dated 01.08.2025 in proceedings No.Ka.Ra.Sa./Gi.Ba.Vi/Sibandi/Nemaka/1211 2025- 26 which at Annexure-N. Consequently, reinstate the petitioner to the same position which he was holding at the time of termination, with all benefits and back wages.
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HC-KAR NC: 2025:KHC:49618 WP No. 21711 of 2025
c) issue any other writ or direction that deems fit and necessary to meet the ends of justice.
2.
Learned counsel for respondent Nos.8 to 10 submits that the writ petition filed by the petitioner is not maintainable on the ground that the petitioner has got equal efficacious remedy under Regulation 30 of the Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971. Hence, the writ petition filed by the petitioner is not maintainable and she placed her reliance on the judgment of the Hon'ble Apex Court in the case of LEELAVATHI N. & ORS. VS. THE STATE OF KARNATAKA & ORS. in SPECIAL LEAVE TO APPEAL (C) NO(S). 27984-27988/2023
DISPOSED OFF ON
16.10.2025. Hence, on this ground, she prays to dismiss the writ petition.
3. Perused the records and considered the
submissions of the learned counsel for respondent Nos.8 to 10.
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HC-KAR NC: 2025:KHC:49618 WP No. 21711 of 2025
4. Regulation 30 of the Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971, which reads as follows:
"30. Orders against which appeal lies: - Subject to the provision of Regulation-29 Corporation Servant may prefer an appeal against all or any of the following orders, namely:- (i) An order of suspension made or deemed to have been made under Regulation-21; (ii) An order imposing any of the penalties specified in Regulation-18 whether made by the Disciplinary Authority or by any Appellate Authority; (iii) An order enhancing any penalty imposing under Regulation-34."
5. During the pendency of the writ petition, the petitioner was terminated from service by order dated
01.08.2025. The said order is appealable order under Regulation 30 of the Regulation of 1971. Hence, the petitioner without exhausting the equal and efficacious
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HC-KAR NC: 2025:KHC:49618 WP No. 21711 of 2025
remedy, filed this writ petition. In view of the exposition of law laid down by the Hon'ble Apex Court in case of LEELAVATHI N (Supra), the writ petition filed by the petitioner is not maintainable.
6. Accordingly, the writ petition is dismissed as not maintainable.
7. The liberty is reserved to the petitioner to challenge the impugned orders before the Appellate Authority, if so advised.
8. The office is directed to return the certified copy of the impugned orders after retaining the photocopy.
9. The pending applications, if any, stand disposed off accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
SSB