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THE HON'3LE MKJUSTICE "
WRIT I'E'I'ITION ad;
Between:
Smtshaktfla D;."Gu"p;'a1, _
Aged about __43 " V" .
W/0 Ma:an'R.i3a:::di, A . '
Wor1{ing_.£a.$ --iE_1_1gi:;1 ee_:_r Grade) ,
At Hubii~Dh"am'2ad U'rba:n'iZ)'cvclepment Authority,
Navanagar, iJ§13.bVi}m:"§8G~--. ' '
And residing at P101: Park,
Vidyanagar, aH%ub1i:53o :32 ...Pl1'.'!'I'I'IOHER
(By _sgi;J.s.shetzy; Ade;
A Urban Development Authority,
' "'Navan;a§;gafir, I-Iubii-580 025,
Regptm-seated by its Commissioner.
$ta&. ofKarnata' ka
V V ~._By its Secretary to Government,
' -- .sUrba11 Dcvciopment Department,
M. S. Buildings,
Banga1oI'e--S6O O9 1. KSSPONDEHTS
(By &-Lnuavatag Itniekki, Adv for R1,
&'i.R.K.Hatti, GP for R2 1
Z
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2
This petition is fiied under Article 226 of the Consgtittition
of India praying to quash the order dt.6.5.2004 vkie
G issued by the government anei order dt.6.5;§2OD§}--...__vi:1e
Annexure-H issued by R1/authority and-'..."g1a1}t
consequential benefits and etc.,
This petition coming on. for
Court made the following:
1. Heard the counsel for the "the_coti1nse1 for
the respondents. V ' ' .. .
2. The facts a1e_asV_.foI1oW§:’.– V_ . V .
The Civil Engineeritag.
He joinedthe. Ieepondent on 01.01.1982 as a
Ju1:uo’ r Engitieert ‘basis. Her services came to be
Engineer on 01.01.1992. It is stated that
V lations to regulate the servtce” conditions of
tfie.ei£;pto”y’e’ee.»v_ 1″ respondent-authority. In the absence
V Vt of the””ssuc}:i ieetwaunent xegulations made under Section 72 of
H H ” Urban Development Authorities Act, 1987, (for
Act’) it has been foilowing rules applicable to
‘earzesponditlg caéres in the Public Works {)epart1nent of the
‘State Government. In exercise of powers conferred under
Article 309 of the Constitution, the Governor of Karnataka has
Q.
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made rules called the Karnataka Public Works ‘
Dcpartnxeznt Service (fiecnximtzcnt) Rulgjes, ,__1’988’.'””1n;: “‘
Notification dated 05.07.1939, the pest
(Special Grade) is xequired to ffheé
cadre of Junior Engineer and the such
promotion is that a {:1 service of not
less that: 8 years in theVA’eaei1fe The
respondent V’ 911 01.12.2001.
resolved to Engineer (Special
Grade) the State Government
seeking petitioxaer. The authority
has been for creation of every post and
En’ itbatve-gest absence of regulations as
per the Act, the pmposal to create a
fiom the I” mspondent-authority by a
only thereafter the State Government can permit
ef the post In the instant case, the Stahe Government
eonsideling the proposal submitted by the I” respondent-
‘V V by an order dated 04.02.2002 permitted the authority
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vo.r__r_>2o:6é.o4
to pmrnotc the petitioner as Junior Enginccxj
subject to the following thme conditir§i:»i”s1:”” ‘
i) her annual ‘:”:i!.;*cn
should not contaifi
ii) she should have
exaznm V’
iii) there contemplated
A jj; 2 before the
that; éuuthofity and the approval of
the Govcmfixefit 21.02.2002 was passed by the
1″ 1es1§bndcnt~atiih§:§14ity ijpmmoting the petitioner as Junior
Grade) with eflbct from 11.02.2002. The
was fixed in the pay-scale applicable to
the Engineer (Special Grade) by an order dated
” 1 She has from the date of promotion since been
~gf.6£tldn.g:’..és Junior Engineccr (Special Grade). The order of the
“‘-E:§*¥_’v;f¢§sponc1cnt~autho1ity pmxnofing the petitioner cifl indicate
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contemplated against the petifipner and that
advezse remarks in the annual the 2
petitioner for the last five years. Howevl .& er; the Atlocl
in its audit of the I” :espondei;t«ea,nther§t3V:’ fo_1’fl2~’-tt
2003 made an observation that
to promote the petitioner of the petitioner
for five years should be whfle ganting
pmmotion thc1e;’we’f3e:t:’.9gx:n?taI only for three
years and ‘fer two years had not
been 1 themnmmofion given to the
petitioner imposed by the State
Government. flit centention of the petitioner that these
t eohscreataont Wexe inenmpetent and without jurisdiction.
well defined functions of the auditors, the
— Vt instiuetione bi’: State Government to the auditors contam’ ed
. in__Mysore Fund Audit Manual would stipulam that it is
“*f1mc1:ion of the audit to pmscrible what such enters
be or tn interfere with their application.
“Even in the actual audit of transactions an auditor must
Iecognxw the clear disfinction between auditerial md
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administrafive functions. Criticisms ofl’emd v-v-
Department must therefore be limited to ‘V
based on the actual accounts. It is 1?.=,ot
range over the field of administimjion «oraof statis’;ii§;f:§ and’i’§o’i.*I’cr_ ‘ ;
suggestions how afllaizs may It ;jis further
contended that noa~Writiag*~..of * reports
of an employee by the Rcpo:1_’fis:’.a.Ag_ hcid against
an employee. The’ of Caxéiomfion who is the
competent confidential report
noticing retired fnom service
without zeport of almost evexy
one of the oi12p1o3’coa._ Authority had prepared special
-‘ in accordance with Rule 10 of the
(Confidential Reports) Ruies and after
confidential reports for five years, the
promoted. Accordingly, the 1″ mspondena
‘.Tv:”‘auu,f;I:iq3I”ity Hy its letter dated 21.02.2004 had explained the
the Local Audit Cincle and on the basis of the
T faaxificaons given by the Authority, the Controller of State
” “Accounts Department by its letter dated 12.04.2004 dircciacd
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the Local Audit Circle to accept the explanatiog
mspondent-authority and drop thaé Mmaiitiitfl
Controller of State Accounts lI)epa1tm;ént»Lt:«yz
invited the attention of the Local’ Ciiclc to. 6 of V’
the Mysore Local Fund Auqjt Mg;nu;2¥I:’afiii1_§ii1~o§’:tédA Audit
Circle not to make such is therefore the
case of the “had been raised
by the audit and became non-
cxistcnt with However, the State
Govemmfgnt dated 06.05.2004 conveyed
to the 1″ Withdrawing the pern;us’ sion
V dated by it fir pmmofion of the petitioner
thc 1″ rcspondcnbauthority to relieve the
‘ post and further oiicmd aboiition of the
,1fxost.A Planmng’ Member of the Authority styling
” sinner of the Authority has passed an order
V’ relieving the petitioner from the post of
Engineer (Special Grade). It is the case of the petihloncr
as on the date of the petition, the ortier has not yet been
given efibct to since the oxder does not stipulate any charge
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axmngement in as much as it does not say the’
petitioner should hand over charge and to slee” 2
should report alter handing over jitlishi
petitioners case that she wasV.{:o;1fintii:_1vg” “as a
(Special Grade) even though thettvoztter is tieve come
into force. It is in this presentuvpetition is
filed seeking to quash 1 __
3. The has filed
statement of years’ confidential
reports the available in the ofice and two
years’ confidential’ not been gven by the then
Commissioner. ‘V Though the Commissioner can write a special
oixthe cntties made in the se1v1ce’ reg1s’ ter earhb 1′
for V ” v;ng:.:~two years the State Government have)’ g
t granted earlier was withdrawn, the
-. jveuthofity”\¥ee lefi with no choice but to cancel the appointment
the promotion.
t The Government Advocate would sapptement the
“Statement by contending that the conditions dearly indicated
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that annual confidential reports of five years
avaflabic as a condition precedent. In ‘Q flee”
annual confidential report of only
the withdxawal of the approvaigsin may as it is ‘A .
the condition precedent.
3. Having regard to which we
net in serious dispute, reports for five
years not being of any fault
of the pefifioxenj. Cejnetnissioner acting under
Rule :0 %rvices (Confidential Reports)
Rules annual confidential report for
two mojmgfeaxs ‘was there was Mequate compiianoe. In
eifeet S~te1te Geeemment seeking to proceed further on
the ‘e1.1el’i’t was contrary to paragraph 6 of the
Mysdifil Audit Manual. There is a patent error in
~ the approval of the pefifionefs promotion as
(Special Grade). Hence, there is substance in
K grounds urged in the writ pctitniozz. The objecfions
the State Government are thcrefom irrelavant and have no
bearing to deny promotion to the petitioner.
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6. The writ petition is accordm ‘Q
and H are quashed. Appmpriate oIvi1A::1’$_ ‘
consequential benefits be ‘:9 thé
Jml –