Karnataka HC Allows Writ Against Disciplinary Proceedings initiated by Sahitya Akademi

Must Read

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi,...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and...

Follow us

The writ petition was filed by Agrahara Krishnamurthy under Article 226 of Constitution of India praying to Call for the Records relating to the disciplinary proceedings against the petitioner conducted by the respondent, “Sahitya Akademi” and its appointees, and to quash the letter which enclosing a copy of the enquiry report passed by Mr. S. K. Chattopadhyay who was the inquiry officer appointed by the respondent.

Facts of the case

“Sahitya Akademi” was formally inaugurated on 12.03.1954 in New Delhi. A ceremony was held in the Indian Parliament’s Central Hall, Petitioner Agrahara Krishnamurthy was appointed as Deputy Secretary for Southern Regional Office in the year 1986. Later, he was appointed as a Secretary. When Petitioner has attained the age of superannuation and retired from service, the Disciplinary Proceedings which was going on earlier when he was in service had attained finality in imposing penalties. Thus, petitioner feeling aggrieved and dissatisfied with the issues and 2nd show cause notice, Agrahara Krishnamurthy filed the writ petition under Article 226 of the constitution of India.

As per the powers conferred under Article 226 of Indian Constitution, High Courts have the power to issue directions, orders, writs to any person or authority or any governmental authorities (in appropriate cases)”.

Arguments

Counsel, P. S. Rajagopal for the respondents submitted that the High Court of Karnataka has no territorial jurisdiction to hear the suit. As in respect of charge memo, suspension order, notice, penalty and alleged conduct are all at New Delhi.

Learned counsel for the petitioner pursuant to the statement of objection filed on behalf of the respondents argued issues relating to territorial jurisdiction, maintainability of writ petition to the extent the respondent, Sahitya Akademi does not fall under Article 12 of the Constitution and further, in the absence of Statutory Rules under Article 226 in respect of contract service writ is not maintainable. Learned counsel for the petitioner in respect of territorial jurisdiction is concerned, has pointed out that petitioner’s initial appointment was in Bengaluru and respondent, Sahitya Akademi has a regional office in Bengaluru. Further, as on the date of imposition of penalty, petitioner was already retired and settled in Bengaluru. Therefore, service of penalty order is at Bengaluru. Hence, the cause of action in respect of impugned orders would lie in Bengaluru. Consequently, the High court of Karnataka has territorial jurisdiction.

Decision of the Court

On hearing both the parties, on the basis of three issues namely territorial jurisdiction, whether the respondent, Sahithya Akademi falls under the definition of Article 12 and whether the petitioner’s service condition is a contract service, High court of Karnataka had come to conclusion and passed an order. Thus writ petition was allowed.

[googlepdf url=”http://libertatem.in/wp-content/uploads/2019/12/Sahitya-acedamy_watermark.pdf” download=”Download Judgement PDF” width=”100%” height=”900″]


Contribute stories like this and help us spread awareness for a better society. Submit Your Post Now. You can also join our Courtroom team and regularly contribute cases like the above one.

For more Courtroom Updates, check out our Courtroom Page

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed an Order on 25th October...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found that Germany had violated the...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in case of lack of independent...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi, called for records of the...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent on immigrants to comply with. Background The...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard...

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention order of the husband of...

Supreme Court Asks Petitioner to Approach Bombay High Court in PIL for CBI Probe in Disha Salian Case

On the 26th of October 2020, the Apex Court heard the PIL praying for a CBI probe into the death of Disha Salian. The...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions, as well as shareholder disputes...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by P. Sankar & V. Sobana....

More Articles Like This

- Advertisement -