Case Note & Summary
The petitioner, Sri T.S. Shivaramu, an Assistant Director of Treasury in the Office of the Commissioner of Treasuries, Bengaluru, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 20.03.2023 passed by the Karnataka State Administrative Tribunal (KSAT) at Bengaluru in Application No. 1883/2022. The Tribunal had dismissed the petitioner's application filed under Section 19 of the Administrative Tribunals Act, 1985, for default. The petitioner sought to set aside the impugned order and to allow his application before the Tribunal. The respondents were the State of Karnataka (Department of Rural Development and Panchayat Raj and Department of Finance) and the Registrar of Karnataka Lokayukta. The High Court heard the learned counsel for the petitioner, Sri Satish K., the learned Additional Government Advocate Sri B. Ravindranath for respondent Nos. 1 and 2, and Sri Venkatesh S. Arbatti for respondent No. 3. The court found that the Tribunal had dismissed the application for default without considering the merits of the case and without affording the petitioner an opportunity of hearing. The High Court held that the impugned order was unsustainable and set it aside. The court directed that the application be restored to the file of the Tribunal and be disposed of afresh in accordance with law, after affording an opportunity of hearing to all parties. The writ petition was allowed accordingly.
Headnote
A) Administrative Law - Service Matter - Dismissal for Default - Section 19 of the Administrative Tribunals Act, 1985 - The petitioner challenged an order of the Karnataka State Administrative Tribunal dismissing his application for default. The High Court held that the Tribunal erred in dismissing the application without considering the merits and without giving the petitioner an opportunity of hearing. The impugned order was set aside and the application was restored to the file of the Tribunal for fresh disposal in accordance with law. (Paras 2-4) B) Natural Justice - Opportunity of Hearing - Dismissal for Default - The court observed that the Tribunal's order dismissing the application for default was passed without affording the petitioner an opportunity of hearing, which violated principles of natural justice. The matter was remanded back to the Tribunal for fresh consideration. (Paras 3-4)
Issue of Consideration
Whether the Karnataka State Administrative Tribunal was justified in dismissing the petitioner's application under Section 19 of the Administrative Tribunals Act, 1985, for default without affording an opportunity of hearing and without considering the merits of the case.
Final Decision
The writ petition is allowed. The impugned order dated 20.03.2023 passed by the Karnataka State Administrative Tribunal in Application No. 1883/2022 is set aside. The application is restored to the file of the Tribunal for fresh disposal in accordance with law, after affording an opportunity of hearing to all parties.
Law Points
- Administrative Tribunals Act
- 1985
- Section 19
- Natural Justice
- Opportunity of Hearing
- Dismissal for Default
- Restoration of Application
