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HIGH COURT OF KARNATAKA
NATIONAL INSTITUTE – Appellant
Versus
DR MALLA BHASKARA RAO – Respondent
WP/49369/2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MR. JUSTICE B. VEERAPPA
AND
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.49369/2016
CONNECTED WITH
WRIT PETITION NO.48722/2016
WRIT PETITION NO.49371/2016 (S-CAT)
IN WRIT PETITION NO.49369/2016:
BETWEEN:
1.
NATIONAL INSTITUTE OF MENTAL HEALTH
AND NEURO SCIENCES (AN INSTITUTION OF
NATIONAL IMPORTANCE CONSTITUTED BY THE
NATIONAL INSTITUTE OF MENTAL
HEALTH AND NEURO SCIENCES
BANGALORE ACT, 2012) HOSUR ROAD,
BENGALURU-560 029,
REPRESENTED BY ITS DIRECTOR.
2.
DR. DWARAKANATH
S/O LATE T.R.S. PRABHAKAR,
AGED ABOUT 44 YEARS,
RESIDING AT NO.8, BLOCK 2, TYPE 5,
NIMHANS QUARTERS, BANGALORE-560 011.
(R-2 IMPLEADED VIDE COURT ORDER DATED 26.08.2019)
...PETITIONERS
2
(BY SRI ROHAN, ADVOCATE FOR
SMT. SHRUTI CHAGANTI, ADVOCATE FOR P-2;
SRI JAYANTH DEV KUMAR, ADVOCATE FOR
SMT. ASHWINI RAJGOPAL, ADVOCATE FOR P-1)
AND:
1.
DR. MALLA BHASKARA RAO
WORKING AS PROFESSOR,
NATIONAL INSTITUTE OF MENTAL HEALTH AND
NEURO SCIENCES,
BENGALURU AND RESIDING AT 6TH CROSS
10C JAYANAGARA 1ST BLOCK,
BENGALURU-560 011.
2.
UNION OF INDIA
BY ITS SECRETARY,
MINISTRY OF HEALTH AND FAMILY WELFARE
NIRMAN BHAVAN
NEW DELHI-110 011.
3.
DR. S. SAMPATH
WORKING AS PROFESSOR, NEUROSURGERY,
NATIONAL INSTITUTE OF MENTAL HEALTH AND
NEURO SCIENCES, HOSUR ROAD,
BANGALORE-560 029.
…RESPONDENTS
(BY SRI M.R. RAJAGOPAL, ADVOCATE FOR R-1;
SRI RAJESH RAI K., ASG FOR R-2;
SRI VIKAS ROJIPURA, ADVOCATE R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE ORDER DATED 23.8.2016
PASSED
BY
THE
TRIBUNAL
IN
O.A.NO.170/00257/2016;
QUASH ORDER DATED 23.8.2016 PASSED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH, BENGALURU IN
3
ORIGINAL APPLICATION NO.170/00257/2016 (UNDER ANNEXURE-A
TO THE WRIT PETITION) ISSUE OF A WRIT IN THE NATURE OF
CERTIORARI
AND
GRANT
ALL
CONSEQUENTIAL
BENEFITS.
IN WRIT PETITION NO.48722/2016:
BETWEEN:
DR. SRIPAD PATIL
S/O A.K. PATIL,
AGED ABOUT 56 YEARS,
PROFESSOR, DEPARTMENT OF NEUROMICROBIOLOGY,
NATIONAL INSTITUTE OF MENTAL HEALTH AND
NEURO SCIENCES, HOSUR ROAD,
BENGALURU-560 029,
RESIDING AT HOUSE NO.317,
18TH ‘G’ MAIN, 6TH BLOCK, KORAMANGALA,
BENGALURU-560 034.
...PETITIONER
(BY SRI YOGESH NAIK, ADVOCATE)
AND:
1.
DR. R. RAVIKUMAR
S/O H. RAJU,
AGED ABOUT 60 YEARS,
PROFESSOR,
DEPARTMENT OF NEUROMICROBIOLOGY,
NATIONAL INSTITUTE OF MENTAL
HEALTH AND NEURO SCIENCES,
HOSUR ROAD, BENGALURU-560 029,
RESIDING AT NO.368, SHUBHA PRADA,
2ND MAIN, 3RD CROSS, MM LAYOUT,
KAVAL BYRASANDRA, BENGALURU.
2.
THE DIRECTOR
NATIONAL INSTITUTE OF MENTAL
4
HEALTH AND NEURO SCIENCES,
(INSTITUTE OF NATIONAL IMPORTANCE)
HOSUR ROAD, BENGALURU-560 029.
3.
UNION OF INDIA
BY ITS SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES,
NIRMAN BHAVAN,
NEW DELHI-110 011.
4.
DR. NAGARATHNA S
AGED ABOUT 50 YEARS,
W/O DR. H. CHANDRASHEKAR,
RESIDING AT NO.231, GHATA PRABHA,
NGV KORAMANGALA,
BENGALURU.
…RESPONDENTS
(BY SMT. AKKAMAHADEVI HIREMATH, ADVOCATE FOR R-1;
SRI JAYANTH DEV KUMAR, ADVOCATE FOR R-2;
SRI K.S. GANESH, CGC FOR R-3;
SRI ADINATH NARDE, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 23.08.2016 PASSED BY CENTRAL ADMINISTRATIVE
TRIBUNAL,
BENGALURU
BENCH
IN
O.A.170/00318/2016
AT
ANNEXURE-A
AND
CONSEQUENTLY
TO
DISMISS
THE
SAID
O.A.NO.318/2016.
IN WRIT PETITION NO.49371/2016:
BETWEEN:
NATIONAL INSTITUTE OF MENTAL HEALTH
AND NEURO SCIENCES (AN INSTITUTION OF
NATIONAL IMPORTANCE CONSTITUTED BY THE
NATIONAL INSTITUTE OF MENTAL
HEALTH AND NEURO S
