Case Note & Summary
The petitioner, Veeranna Basappa Yallali, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, challenging the order dated 30.07.2015 passed by the Karnataka Administrative Tribunal (KAT) in Application No.4742/2014. The Tribunal had dismissed the petitioner's application seeking to quash the order dated 26.02.2014 passed by the respondent, the Secretary, Department of Co-operation, Bangalore, which dismissed the petitioner from service. The petitioner sought reinstatement with all service benefits. The High Court, after hearing the counsel for the petitioner and the respondent, found no merit in the petition. The court observed that the Tribunal had considered the evidence and passed a reasoned order. The High Court held that there was no ground to interfere with the concurrent findings of fact under writ jurisdiction. Consequently, the writ petition was dismissed.
Headnote
A) Service Law - Dismissal from Service - Judicial Review - Articles 226 and 227 of the Constitution of India - The petitioner challenged the order of the Karnataka Administrative Tribunal dismissing his application against the order of dismissal from service. The High Court held that the Tribunal's findings were based on evidence and did not warrant interference under writ jurisdiction. (Paras 1-2)
Issue of Consideration
Whether the Karnataka Administrative Tribunal erred in dismissing the petitioner's application challenging the order of dismissal from service.
Final Decision
The High Court dismissed the writ petition, finding no merit and no ground to interfere with the Tribunal's order.
Law Points
- Judicial review under Articles 226 and 227 is limited
- concurrent findings of fact by Tribunal not to be interfered with unless perverse or without jurisdiction.
Case Details
2017 LawText (KAR) (02) 3
W.P. No.109806/2015 (S-KAT)
Dr. Vineet Kothari, Sreenivas Harish Kumar
V.M. Sheelvant, Vijayalaxmi M.N. (for petitioner), M. Kumar (AGA for respondent)
The Secretary, Department Of Co-operation, Bangaluru
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Karnataka Administrative Tribunal dismissing the petitioner's application against dismissal from service.
Remedy Sought
Quashing of the order dated 26.02.2014 passed by the respondent and the order dated 30.07.2015 passed by the Karnataka Administrative Tribunal, and direction to reinstate the petitioner with all service benefits.
Filing Reason
The petitioner was dismissed from service by the respondent and the Karnataka Administrative Tribunal dismissed his application challenging the dismissal.
Previous Decisions
The Karnataka Administrative Tribunal dismissed Application No.4742/2014 on 30.07.2015.
Issues
Whether the Karnataka Administrative Tribunal erred in dismissing the petitioner's application challenging the order of dismissal from service.
Submissions/Arguments
The petitioner argued that the order of dismissal was illegal and the Tribunal erred in dismissing his application.
Ratio Decidendi
The High Court held that the Tribunal's findings were based on evidence and did not warrant interference under writ jurisdiction as there was no perversity or lack of jurisdiction.
Judgment Excerpts
The petitioner, Veeranna Basappa Yallali, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Karnataka Administrative Tribunal.
The High Court dismissed the writ petition, finding no merit and no ground to interfere with the Tribunal's order.
Procedural History
The petitioner was dismissed from service by the respondent on 26.02.2014. He filed Application No.4742/2014 before the Karnataka Administrative Tribunal, which was dismissed on 30.07.2015. He then filed the present writ petition before the High Court of Karnataka, Dharwad Bench, which was dismissed on 21.02.2017.
Acts & Sections
- Constitution of India: Articles 226, 227
