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2022 Supreme(Online)(Kar) 61130

1

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

2

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

3

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)

4

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.

5

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

6

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

7

February 8, 202

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