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2026 DAILYLAW 48660 (KAR)

SHIVAKUMAR D v. THE COMMISSIONER

WP/17652/2025 · 2026-01-21

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3368 WP No. 17652 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17652 OF 2025 (S-R) BETWEEN: SHIVAKUMAR D S/O LATE DUNDAIAH AGE ABOUT 63 YEARS PRINCIPAL GRADE-II (RETIRED) L-189, 3RD STAGE KUVEMPUNAGAR MYSORE 570 023 …PETITIONER (BY SRI. PATRICIA GONSALVES., ADVOCATE) AND: 1. THE COMMISSIONER INDUSTRIAL TRAINING AND EMPLOYMENT DEPARTMENT KOUSHALYA BHAVAN BANNERGHATTA ROAD BENGALURU 560 029. 2. ASSISTANT DIRECTOR (ACCOUNTS) INTERNAL AUDIT CELL INDUSTRIAL TRAINING AND EMPLOYMENT DEPARTMENT KOUSHALYA BHAVAN DAIRY CIRCLE, BANNERGHATTA ROAD BENGALURU 560 029. 3. SENIOR ACCOUNTS OFFICER OFFICE OF THE ACCOUNTANT GENERAL (A AND E), KARNATAKA P.B. NO. 5329/5369 ANNEXE BUILDING Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3368 WP No. 17652 of 2025 PARK HOUSE ROAD BENGALURU 560 001. 4. PRINCIPAL GOVERNMENT INDUSTRIAL TRAINING INSTITUTE ALUR SIDDAPURA SOMWARPET TALUK KODAGU DISTRICT 571 235 …RESPONDENTS (BY SRI.SPOORTHY HEGDE N, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO ISSUE NO DUE CERTIFICATE FOR THE RELEASE OF 100 PERCENT DCRG OF THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. At the outset, the learned HCGP raised a preliminary objection regarding maintainability of the writ petition and submitted that the petitioner is seeking relief in respect of a civil post and therefore, he has to approach the Karnataka State Administrative Tribunal. - 3 - HC-KAR NC: 2026:KHC:3368 WP No. 17652 of 2025 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in 1997(2) SCR 1186. 3. In view of the above, the writ petition is disposed of, reserving liberty for the petitioner to approach the appropriate legal forum. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 47