1
-IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
W P No. of 2017
BETWEEN:
… PETITIONERS
AND:
State of Karnataka
& another … RESPONDENTS
SYNOPSIS
10.02.2015 The case of the petitioners with regard to
issuance of residential certificate where a
clerical mistake had occurred was referred to
Upalokayukta for enquiry and report.
20.07.2015 Additional Registrar of Enquiries-5 framed
articles of charges and statement of
imputations of misconduct as against the
petitioners. Thereafter there is no progress
in the matter.
Hence the petitioners have filed the present
writ petition to direct the respondents to
complete the enquiry within the time to be
fixed by this Hon’ble Court.
BRIEF FACTS:
The petitioners submit that one Smt.M K Meenakshi
D/o Sharadammma applied for residential certificate. The
petitioners 2 & 3 submitted report to the effect that she is
resident of Yalagallu village for the past 8 years then.
Accordingly, the first petitioner while issuing the residential
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certificate there is a clerical mistake occurred to the effect
that since 18 years she is residing in the said village. The
petitioners humbly submit that it is purely a clerical mistake
and no intention could be attributed to any of the petitioners.
The matter is referred to the Upalokayukta by the order
dated 10.2.2015 and thereafter on 20.7.2015 articles of
charges were framed by the 2nd respondent. The petitioners
are due for promotion. The enquiry proceedings before the
2nd respondent is standstill and there is no progress in the
same. Irreparable loss and injury is being caused to the
petitioners because of pendency of the enquiry proceedings.
In the circumstances, the petitioners having no other
alternative remedy have approached this Hon’ble Court
seeking direction to the respondents to complete the enquiry
proceedings within the time frame to be fixed by this Hon’ble
Court as otherwise irreparable loss and injury would be
caused to the petitioners.
Bangalore,
Date: ADVOCATE FOR PETITIONERS
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IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
(ORIGINAL JURISDICTION)
WRIT PETITION No. of 2017
BETWEEN:
PETITIONERS
And:
1. State of Karnataka,
Represented by the
Principal Secretary,
Revenue Department,
M S Building,
Bengaluru 560 001.
2. The Additinoal Registrar of
Enquiries-5,
Karnataka Lokayukta,
Bengaluru 560 001. RESPONDENTS
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MEMORANDUM OF WRIT PETITION UNDER ARTICLES
226 & 227 OF THE CONSTITUTON OF INDIA
The petitioners submit as follows:
1. The petitioners submit that one Smt.M K Meenakshi
D/o Sharadammma applied for residential certificate.
The petitioners 2 & 3 submitted report to the effect that
she is resident of Yalagallu village for the past 8 years
then. Accordingly, the first petitioner while issuing the
residential certificate there is a clerical mistake
occurred to the effect that since 18 years she is residing
in the said village. The petitioners humbly submit that
it is purely a clerical mistake and no intention could be
attributed to any of the petitioners.
2. The matter is referred to the Upalokayukta by the order
dated 10.2.2015 and thereafter on 20.7.2015 articles of
charges were framed by the 2nd respondent. The
petitioners are due for promotion. The enquiry
proceedings before the 2nd respondent is standstill and
there is no progress in the same. Irreparable loss and
injury is being caused to the petitioners because of
pendency of the enquiry proceedings. Copy of the
order dated 10.2.2015 is herewith produced and
marked as ANNEXURE-A. Copy of the articles charges
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and statement of imputation is herewith produced and
marked as ANNEXURE-B.
3. In the circumstances, the petitioners having no other
alternative remedy have approached this Hon’ble Court
seeking direction to the respondents to complete the
enquiry proceedings within the time frame to be fixed by
this Hon’ble Court as otherwise irreparable loss and
injury would be caused to the petitioners.
4. The petitioners submit that they have no other
alternative remedy than to approach this Hon’ble Court
by way of this writ petition. This writ petition do not
involves the constitutional validity of any State or
Central law. The petitioners have not filed any other
writ petition on the same cause of action. This is not a
public interest litigation involving the cause of the
public.
5. The petitioners have approached this Hon’ble Court for
the relief of prayed for on the following amongst other
grounds and such other grounds that may be urged at
the time of final hearing.
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GROUNDS
6. The petitioners humbly submit that case is referred to
the 2nd respondent as early as on 10.2.2015 and
thereafter the articles of charges are framed on
20.7.2015. Thereafter there is no progress in the
enquiry proceedings. The pendency of the enquiry
proceedings is causing irreparable loss and injury to the
petitioners. Hence the petitioners are entitled to
approach this Hon’ble Court.
7. Any proceedings having commenced has to end within a
reasonable time and endlessly it cannot be kept
pending. The petitioners are due for promotion.
Because of pendency of the enquiry proceedings, their
promotions are held up. Hence it is just and necessary
to direct the respondents to complete the enquiry within
the time frame to be fixed by this Hon’ble Court.
8. The action of the respondents in keeping the enquiry
proceedings is opposed to the provisions of Articles 14,
16 & 21 of the Constitution of India.
9. The petitioners have not committed any negligence in
duty and there is no dereliction of duty in discharge of
their duty. There is only a clerical mistake while
issuing the residential certificate. Instead of 8 years it
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is wrongly mentioned as 18 years. There is no mens rea
on the part of the petitioners.
10. If the case is not directed to be completed within the
time frame to be fixed by this Hon’ble Court, irreparable
loss and injury would be caused to the petitioners.
MAIN PRAYER
WHEREFORE, the petitioners pray that this Hon’ble
Court may be pleased to:
(i) ISSUE a writ of mandamus or any other direction
to the respondents to complete the enquiry
proceedings pursuant to articles of charge dated
20.7.2015 and statement of imputations a copy of
which is produced at ANNEXURE-B within the
time frame to be fixed by this Hon’ble Court.
(ii) GRANT such other order or direction as deems fit
to grant in the facts and circumstances of the
case.
Bangalore,
Date: ADVOCATE FOR PETITONERS
Address for service:
Sri Bharat S Rao,
Advocate,
No.209, Nobel Residency,
SOS Post, B.G Road,
Bangalore South,
Bangalore 560 076.
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IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
W P No. of 2017
Between:
& others … PETITIONERS
AND:
State of Karnataka & another … RESPONDENTS
AFFIDAVIT
I, today at Bangalore do hereby solemnly affirm and
state on oath as follows:-
1. I am the petitioner No.1 in the above Writ Petition and I
am conversant with the facts of this case. Hence, I am
swearing to this affidavit on my behalf and on behalf of
petitioners 2 & 3 as instructed and authorized by them.
2. The Statements made in Paragraphs- 1 to “10“ and the
following paras of the writ petition accompanying to this
affidavit are all based on my knowledge and I believe
them to be true to the best of my knowledge,
information and belief.
3. Annexures-A & B are the true copies of the originals.
I do swear that this is my name, signature and the
contents of this affidavit are all based on my knowledge and I
believe them to be true.
Identified by me,
Advocate. DEPONENT
Bangalore,
Date:
No. of corrections:
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IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
W P No. of 2017
Between:
& others … PETITIONERS
AND:
State of Karnataka & another … RESPONDENTS
INDEX
[Link]. Particulars Page Nos.
01 Synopsis
02 Memorandum of writ petition under Articles
226 & 227 of the Constitution of India
03 Verifying affidavit
04 Annexure-A Copy of the order dated
10.2.2015
05 Annexure-B Copy of the articles of charges &
statement of imputations
06 Vakalats
Bangalore,
Date: Advocate for petitioners
