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2026 DAILYLAW 2513 (KAR)

RAMA NAIK v. THE PRESIDING OFFICER

WP/38924/2025 · 2026-04-07

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19091 WP No. 38924 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 38924 OF 2025 (L-RES) BETWEEN: RAMA NAIK, S/O CHOMA NAIK, AGED ABOUT 67 YEARS, OCC: CLERK (NOW DISMISSED) R/O MATRU SHRIKRUPA BUILDING, DOOR NO.123, NEAR MCE COLLEGE, OPP AIR, SALGAMA ROAD, VIDYUTH NAGAR, HASSAN 573 201. SENIOR CITIZEN BENEFIT NOT CLAIMED. …PETITIONER (BY SRI UROOJAHMED J HAVALDAR, ADVOCATE) AND: 1. THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CUM LABOUR COURT, SHRAM SADAN, G G PALYA, TUMKUR ROAD, YESWANTHPUR BANGALORE - 560 022. 2. THE DEPUTY GENERAL MANAGER, CANARA BANK (ERSWHILE SYNDICATE BANK). REGIONAL OFFICE, YAJAMANA ARCADE, PM ROAD, KUVEMPUNAGAR, MYSURU - 573 023. …RESPONDENTS (BY SRI M RAJASHEKHAR, AGA FOR R1, SRI RAMESH UPADHYAYA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE IMPUGNED ORDER DATED 29/09/2025 IN ID Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19091 WP No. 38924 of 2025 NO. 37/2018 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-AB), DIRECTING THE RESPONDENT NO.1 TO RECONSIDER THE PRELIMINARY ISSUE AFRESH IN ACCORDANCE WITH LAW, IN LIGHT OF THE PETITIONERS PLEADINGS, EVIDENCE AND LEGAL SUBMISSIONS, AFTER GRANTING DUE OPPORTUNITY TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel appearing for the petitioner and the learned counsel appearing for respondent No.2. 2. Learned counsel appearing for the petitioner submits that the issue raised in the present petition is covered in terms of the order of this Court dated 01.12.2025 passed in Basavaraja Vs. The Presiding Officer, CGIT and another1 3. The petitioner has filed the petition assailing the order on preliminary issue No.2. The said issue reads as under: "Whether the Domestic Enquiry held against the I party is fair and valid?" 1 Writ Petition No.105480/2025 - 3 - HC-KAR NC: 2026:KHC:19091 WP No. 38924 of 2025 4. In terms of the impugned order, the Tribunal has held that the domestic enquiry is fair and proper. In the aforementioned judgment, the Court has taken a view that the said finding can be assailed in a subsequent proceeding in case the claim of the workman is rejected. 5. This being the position, the petition is disposed of. Liberty is reserved to the petitioner to raise the issue relating to the fairness of the enquiry at later point of time in an appropriate proceeding, if need arises. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn List No.: 1 Sl No.: 83