The court held that when a departmental inquiry has reached its conclusion and resulted in a final order, the parallel proceedings before a Commission regarding the same subject matter become redundant and infructuous.

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) TO ISSUE WRIT OF CERTIORARI OR ANY DIRECTION TO QUASH THE IMPUGNED PROCEEDINGS IN COMPLIANT NO.232/2022 VIDE ANNEXURE - A DATED 2306.2022 BEFORE THE KARNATAKA STATE COMMISSION FOR SCHEDULED CASTE AND THE SCHEDULED TRIBES VIDE ANNEXURE-A ONE BEING WITHOUT JURISDICTION, IS ILLEGAL AND BAD IN THE EYES OF LAW AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Heard the learned counsel appearing for the parties.

2. Short grievance of the petitioner is that, having found dereliction and negligence on the part of respondent No.3-employee, a departmental enquiry was initiated, preceded by issuance of suspension Order.

3. Upon the challenge mounted by the respondent No.3 to the suspension Order by filing W.P. No.4921/2022, this Court by order dated 1.7.2022 had set aside the order of suspension. However, had reserved liberty to the petitioner herein to take appropriate steps to ensure non-interference by the respondent No.3 in the departmental proceedings.

4. In the meanwhile, respondent No.3 had approached Karnataka State Commission of Scheduled Castes and Scheduled Tribes-Respondent No.2 herein seeking intervention, which led to an order being passed on 09.09.2022 by the said Commission as per Annexure-A1, restraining the petitioner herein from proceeding further in the Departmental Enquiry until disposal of the matter pending before the Commission.

5. Aggrieved by the same, the petitioner herein has filed the present petition.

6. This Court vide order dated 06.10.2022, had stayed the operation of the order at Annexure-A1 and all proceedings pursuant to Annexure-A1 before the respondent No.2-Commission.

7. Today, learned counsel for the petitioner submits that departmental enquiry has been completed and respondent No.3 has been found guilty and has been handed over minor punishment. In that view of the matter, he submits that pendency of the proceedings before the Commission has become infructuous, Hence, seeks for allowing of the petition.

8. Learned counsel appearing for the respondent No.3, at this juncture, submits that, liberty be reserved to the respondent No.3 to avail such remedy as may be permissible under law to redress his grievance in the light of the departmental enquiry culminating in handing over minor punishment to him.

9. The said submission is placed on record.

10. The petition is accordingly allowed. The proceedings before respondent No.2 are quashed as the same has become redundant and infructuous.