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2023 Supreme(Online)(Kar) 33166
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.10087 OF 2022 (S-RES)
BETWEEN:
1. THE BHARATHIYA POSTAL EMPLOYEES ASSOCIATION MANDYA DIVISION, REP. BY ITS SECRETARY, MURALIDHARA A.N.
S/O NARASIMHA MURTHY C.
AGED ABOUT 43 YEARS WORKING AS POSTAL ASSISTANT, DISTRICT POST OFFICE, MANYDA – 571 401.
RESIDENT OF NO.813, ‘B’ BLOCK, VIVEKANANDA LAYOUT, MANDYA – 571 401.
2. THE BHARATHIYA POSTAL EMPLOYEES ASSOCIATION KARNATAKA CIRCLE REPRESENTED BY ITS CIRCLE SECRETARY, GROUP-C, Digitally signed by SUNDARESH B.J.
CHAYA S A Location: High AGED ABOUT 45 YEARS Court of Karnataka WORKING AS SUB POST MASTER, AMBEDKAR NAGAR POST OFFICE, SHIVAMOGGA – 577 201.
…PETITIONERS (BY SRI. MURALIDHAR A.N. [PARTY-IN-PERSON])
AND:
1. UNION OF INDIA REP. BY ITS SECRETARY, DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATION AND IT, DAK BHAVAN, SANSAD MARG, NEW DELHI – 110 001.
2. THE CHIEF POSTMASTER GENERAL KARNATAKA CIRCLE PALACE ROAD BENGALURU – 560 001.
3. THE POSTMASTER GENERAL SOUTH KARNATAKA REGION, 2ND FLOOR, GPO BUILDING, BENGALURU – 560 001.
4. THE SUPERINTENDENT OF POST OFFICES MANDYA DIVISION, MANDYA – 571 401.
5. MANJUNATHA RAO K.
S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 55 YEARS, WORKING AS SUPERINTENDENT OF POST OFFICES (AD-HOC), MANDYA DIVISION, MANDYA – 571 401.
6. DINESHA P.
S/O NOT KNOWN TO THE PETITIONER AGED BOUT 55 YEARS WORKING AS ASSISTANT DIRECTOR (STAFF)
O/O POSTMASTER GENERAL, S.K. REGION.
2ND FLOOR, GPO BUILDING, BENGALURU – 01.
…RESPONDENTS (BY SRI. D. BASAVARAJA, CGC FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRYAING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER DIRECTING INVESTIGATION BY A SPECIAL INVESTIGATION TEAM HEADED BY THE OFFICER NOT BELOW THE RANK OF POSTMASTER GENERAL ON THE COMPLAINT SUBMITTED BY THE PETITIONERS REGARDING RAMPANT CORRUPTION, MALPRACTICE, FAVORITISM, NEPOTISM, TAMPERING OF DOCUMENTS AND ABUSE OF POWER BY RESPONDENT NO.5 AND TO TAKE APPROPRIATE ACTION AS PER THE PREVAILING SERVICE RULES; TO INITIATE APPROPRIATE ACTION AGAINST RESPONDENT NO.6 FOR PROVIDING FALSE INFORMATION TO THE TRIBUNALS AND TO THE RESPONDENT NO.2 BY SUPPORTING AND SUPPRESSING THE ILLEGAL ACTIVITIES OF THE RESPONDENT NO.5 AND ALSO BEING VIGILANCE OFFICER OF THE SOUTH KARNATAKA REGION, FAILED TO CONDUCT FAIR AND PROMPT INVESTIGATION ON COMPLAINTS RECEIVED FROM THE PETITIONERS; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
In this writ petition, petitioners have sought for following relief:
i) Issue writ of Mandamus or any other appropriate writ or order directing investigation by a Special investigation team headed by the officer not below the rank of Postmaster General on the complaint submitted by the petitioners regarding rampant corruption, malpractice, favoritism, nepotism, tampering of documents and abuse of power by 5th respondent and to take appropriate as per the prevailing service rules.
ii) To initiate appropriate action against 6th respondent for providing false information to the Tribunals and to the 2nd respondent by supporting and suppressing the illegal activities of the 5th respondent and also bring vigilance officer of the South Karnataka Region, failed to conduct fair and prompt investigation on complaints received from the petitioners.
2. Heard Sri. Muralidhar A.N., petitioner No.1/Pary-in-
Person and Sri. D. Basavaraja, learned Central Government Counsel appearing for respondents.
3. Taking into account the grievance urged by the petitioners, it is open for the petitioners to approach the higher authority of the respondent No.5 for redressal of their grievance. In that view of the matter, no further order is required to be made in this writ petition. With this observation, writ petition stands disposed of.
