2022 Supreme(Online)(Kar) 61130
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.1333 OF 2022 (S-RES)
BETWEEN :
ISOOFSAB S.H
S/O HONNURSAB S.P
AGED ABOUT 28 YEARS
RESIDENT OF SIDDAIHANAKOTE
SOKKERE HOBLI, JAGALURU TALUK
DAVANAGERE DISTRICT-577 513 …PETITIONER
(BY SHRI. S.V. PRAKASH, ADVOCATE)
AND :
1.
THE HON’BLE HIGH COURT
OF KARNATAKA, BENGALURU
REPRESENTED BY ITS
REGISTRAR GENERAL
DR.B.R.AMBEDKAR VEEDHI
BENGALURU-560 001
2.
THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE
RAMANAGARA DISTRICT
RAMANAGARA-562 159
REP. BY CHIEF ADMINISTRATIVE OFFICER
3.
THE PRINCIPAL SENIOR CIVIL
JUDGE AND CJM
RAMANAGARA DISTRICT
RAMANAGARA-562 159
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REP. BY CHIEF MINISTRAL OFFICES/
SHERISTHADAR ... RESPONDENTS
(HCLC -SERVED)
. . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD 09.03.2021 ISSUED BY THE R-2 VIDE
ANNX-F
AND QUASH THE COMMUNICATION/ORDER DTD
20.04.2021 ISSUED BY THE R-1 ADDRESSED TO THE R-2 VIDE
ANNX-H AND ALSO
QUASH THE COMMUNICATION DTD
06.05.2021
ISSUED
BY
THE
R-3
ADDRESSED
TO THE
PETITIONER VIDE ANNX-G AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
This writ petition is filed seeking following reliefs:
Ext page..
a) Issue a writ in the nature of certiorari and to
quash the order dated 09.03.2021 vide order
No.ADM/13/2008(09)
issued
by
the
second
respondent produced as per Annexure-F;
b) Issue a writ in the nature of certiorari and to
quash the communication/order dated 20.04.2021
issued by the first respondent addressed to the
second
respondent
vide
No.ROC.DJA-II.213/2021
produced as Annexure-H to the writ petition and also
quash the communication dated 06.05.2021 issued by
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the third respondent addressed to the petitioner in
No.459/2020-21 as per Annexure-G to the writ
petition;
c)
Issue a writ order or direction, directing the
respondents 1 and 2 to allow the representation dated
25.03.2021
and
26.03.2021
produced
as
per
Annexures-D, E and E1 and permit him to withdraw
his resignation letter and consequently direct them to
allow
the petitioner
to work under
the
third
respondent in the post against which he was
appointed;
d)
Issue any other appropriate writ or order or
direction as this Hon ‘ble Court deems it appropriate
in the admitted facts and circumstances of the case in
the interest of justice and pass such other suitable
orders as this Hon’ble court deems it appropriate in
the attendant circumstances and facts of the case;
e)
Award the cost of this proceeding.”
Heard Shri. S.V. Prakash learned Advocate
for petitioner.
Brief facts of the case are, petitioner was
appointed as a Peon vide Order No. Adm/19/2017(29)
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dated May 29, 2018. He was working in the Court of
Principal Senior Civil Judge and CJM, Ramanagara. He
submitted his resignation letter dated February 5,
2021 with a request to relieve him from duty from the
afternoon of the next day and it has been accepted as
per Office Order dated March 9, 2021, issued by the
Principal District Judge, Ramanagara. Subsequently,
he submitted a representation dated March 25, 2021
before this Court seeking to withdraw his resignation
and the same has been rejected by this Court. The
said decision has been communicated to the petitioner
through the Principal Senior Civil Judge and CJM,
Ramanagara vide letter dated May 6, 2021. Petitioner
has challenged
the Office Order accepting the
resignation and the communication informing that his
request for withdrawal of resignation had been
rejected.
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4.
Shri.S.V. Prakash, learned Advocate for the
petitioner
submitted
that
petitioner
hails
from
Siddaiahna Kote Village, in Davanagere District. His
parents were not keeping good health. It had not been
possible for petitioner to take care of them. In
addition, petitioner had some family problems. He was
also suffering from ill-health. He has submitted the
resignation without thinking about the consequences.
He urged that an opportunity may be given to the
petitioner to withdraw his resignation.
5.
I
have
carefully
considered
rival
contentions and perused the records.
6.
Annexure – B is the photocopy of the
resignation submitted by the petitioner. It is dated
February 5, 2021. It is stated in that letter that
petitioner was unable to take care of his parents. In
addition he had family problems and suffering from ill
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health. Petitioner has also produced the notice
(Annexure-C) dated February 8, 2021 issued by the
Principal Senior Civil Judge and JMFC, Ramanagara
stating that petitioner had not reported for duty and
his mobile phone was switched off. It is also stated
therein that petitioner would be relieved from duty
only after acceptance of resignation.
7.
The resignation has been accepted as per
Officer order dated March 9, 2021, i.e., after one
month from the date of submission. Petitioner has
submitted his representation before this Court on
March 25, 2021.
8.
Except
stating
that
petitioner
had
submitted
the
resignation
without
realizing
the
consequences, no cogent or justifiable reasons are
placed before this Court. As recorded hereinabove,
petitioner himself has produced the notice dated
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February 8, 202