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2025 DAILYLAW 87944 (KAR)

SRI L NAGANNA v. THE STATE OF KARNATAKA

RP/309/2025 · 2025-12-18

B M Shyam Prasad, G Basavaraja

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54415-DB RP No. 309 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA REVIEW PETITION NO. 309 OF 2025 BETWEEN: SRI L. NAGANNA S/O. LATE LINGAIAH, AGED ABOUT 50 YEARS, VILLAGE ACCOUNTANT, KOLLEGAL TALUK OFFICE, KOLLEGAL TALUK-571 440. CHAMARAJNAGAR DISTRICT. R/AT NO.4/21A, STONEWELL STREET, BHEEMANAGAR, KOLLEGAL-571 440. …PETITIONER (BY SRI. SRIKANTH M P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S.BUILDING, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54415-DB RP No. 309 of 2025 DR.AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560 001. 3. THE DEPUTY COMMISSIONER, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571313. 4. THE ASSISTANT COMMISSIONER, KOLLEGAL SUB-DIVISION, KOLLEGAL-571342. 5. THE TAHSILDAR, KOLLEGAL TALUK, KOLLEGAL-571342. …RESPONDENTS (BY SRI.VIKAS ROJIPURA., AGA) THIS RP IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 07.02.2024 PASSED ON WRIT PETITION NO. 3242/2021 (S-KSAT) AND RESTORE THE WRIT PETITION ON THE FILE VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:54415-DB RP No. 309 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The petitioner's writ petition in W.P. No. 3242/2021 is disposed of by this Court on 07.02.2024 and this Court, while examining the petitioner's grievance with the authorities treating the period between 31.01.2011 to 19.11.2013 as long unauthorized absence, has observed thus: The contention of learned counsel for the Petitioner that his client though made efforts to report for duty, the College at Kushalnagar did not accept his Duty Report and therefore, absence of the Petitioner cannot be treated as unauthorized absence, is very difficult to countenance. In Service Jurisprudence, long absence without permission is treated as a major misconduct for which, punishment can be dismissal from service. If Duty Report was not accepted, Petitioner could have raised the said grievance in writing, however, that he did not do. On the contrary, in his Representation - 4 - HC-KAR NC: 2025:KHC:54415-DB RP No. 309 of 2025 dated 09.06.2013, what he has stated is about the aged parents and there being none to look after them. No material is produced to vouch this assertion also. Learned AGA is right in contending that the Petitioner is not a bona fide employee and that he was trying to create false evidence to justify the long unauthorized absence. There is yet another reason for denying relief to the Petitioner in the extraordinary jurisdiction of this Court; any grievance he could have redressal at the hands of his immediate superior officials. He did not do that. Directly, he interacted with the Chief Minister of the State, with no justification whatsoever. Employees ordinarily are not supposed to raise their grievance before the Ministers, much less the Chief Minister since, they are high functionaries of the Executive who have to devote time & energy to the larger public causes. If higher ups do not grant redressal, one can understand an employee complaining to the Ministers. An otherwise conduct is not a happy thing to happen. - 5 - HC-KAR NC: 2025:KHC:54415-DB RP No. 309 of 2025 Mr. M.P. Srikanth, the learned counsel for the petitioner, and Sri Vikas Rojipura, the learned counsel for the respondents, are heard on the request for condonation of delay and review. This Court finds neither sufficient cause for condonation of delay nor error apparent to justify a review. Therefore, the application and the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE NV