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Karnataka High Court · body

2013 DIGILAW 457 (KAR)

S. Meenakshi v. Karnataka State Natural Disaster Monitoring Centre, rep. by its Director, Major Sandeep Unnikrishnan

2013-04-04

D.V.SHYLENDRA KUMAR

body2013
JUDGMENT 1. Writ petition has come up for orders on I.A.I/2013 for early hearing and the matter is taken up for disposal. 2. Petitioner is aggrieved by the order of termination of her services as a data entry operator - Grade I in the services of the respondent -Karnataka State Natural Disaster Monitoring Centre, as per order dated 28.12.2012 dismissing her from services being a major disciplinary proceedings on the premise that certain charges are held against her (copy produced at Annexure A). The petitioner has raised several grounds inter alia that the authority who has passed the order is not the competent authority and is not a binding authority and that two show cause notices had been issued on the same charges and she has been terminated even though there was no enabling provision to conduct the second enquiry for dismissing her from service. 3. Notice had been issued to the respondents and are represented by Mr. S.G. Pandith, learned counsel. 4. Statement of objections have been filed on behalf of the respondents inter alia indicating that petitioner has a statutory remedy by of an appeal under the service rules regulating the terms and condition of the appointment in the respondent organization, which is a Society registered under the Society's Act and points out to the service rules. Rule 15.6 of the Rules providing for filing appeals reads as under :- "15.6. Appeals : 15.6.1. An appeal against the order of an immediate superior of an employee or other superior authority shall lie to the Secretary or authority to whom such powers are delegated by the Secretary. 15.6.2. An appeal against the order of the Secretary to other authority to whom powers have been delegated by him shall lie to the Chairman of the Executive Committee. 15.6.3. 15.6.2. An appeal against the order of the Secretary to other authority to whom powers have been delegated by him shall lie to the Chairman of the Executive Committee. 15.6.3. Conditions which an appeal, should satisfy : Every appeal shall comply with the following requirements: a) It shall be signed in manuscript; b) It shall contain all material statement and shall be complete in itself; c) It shall be free from unnecessary verbiage; d) It should be submitted through proper channel; e) The appeal shall be made within (i) Thirty days after the date on which the appellant is informed of the order appealed against if the appeal lies to an authority other than the Chairman of the Executive Committee; and (ii) Three months, if the appeal lies to the Chairman of the Executive Committee. 15.6.4. Appeals shall not be addressed to the members of the Executive Committee of the DMC personally. Any such action shall be deemed to be a breach of discipline." 5. Learned counsel for the petitioner on the other hand, submits that just because statutory remedy is available, the petitioner cannot be prevented from approaching this court, particularly, as the respondent falls within the meaning of 'State' under Article 12 of the Constitution of India. 6. Writ petition is entertained only in respect of the organizations, which are State or akin to State within the scope of Article 12 of the Constitution of India. It does not mean that each and every grievance should be examined in writ petition, more so, when there is scope for filing an appeal, which will definitely be a more efficacious remedy, as the scope of writ petition under Articles 226 and 227 of the Constitution of India is not coextensive, when appeal remedy is available in terms of the service conditions and rules. As the matter was pending before this court, it is for the authority to condone the delay and entertain the appeal, if the appeal is filed within 30 days and orders passed on the merits of the appeal. 7. With the above observation this writ petition is dismissed.