High Court Karnataka High Court

Dr B R Ambedkar Sc/St Association vs New Mangalore Port Trust on 16 September, 2009

Karnataka High Court
Dr B R Ambedkar Sc/St Association vs New Mangalore Port Trust on 16 September, 2009
Author: V.Gopalagowda And K.Bhakthavatsala
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 16m DAY OF SEPTEMBER 200:?"-es

PRESENT

THE HONBLE Mr.JUsT1cE VGOPALA.   T'   A 

AND

THE I-iON'BLE Dr.JUS'l'IC_E 

WRIT APPEAL No.337*i'ee<§['I«' 20O§g'SfR}3S).'1v;: 

BETWEEN:

D1'.B.R.Ambedkar,

SC / ST Associati_Qi'1V__of 
New Mangalore     

Rep: by its Gefiefal-Sectetémy.   . ...APPELLANT

(Sri  .f5;~}-V .  .
AND: M

1. New Msr1ga10re~_Psr£ 
Rep'; By its "Ch'airmaI1,

 *  _  Panariibt-$575010.

   Karnataka.

Rum A'  ' hm ,.

._  Secretary,
' Departmerit of Social Welfare,
Vikasa Soudha, Bangalore-- 1.

T_he Tahsi1dar. Hosadurga Taluk,
V __C_Ahitradurga District, Chitradurga.

. Sr)', Aleshappa,
Assistant Executive Engineer (E1ec.),
New Mangalore Port Trust,
Panambur--575 010. ...RESPO§\DE\ITS

(Smtixsha Mliumbaragirimath, HCGP)

\N/~



This WA is filed under Section 4 of the Karnataka
High Court Act praying to set aside the order passed "in

the writ petition No.24591/2009 dated 20.08.200S}'."V ..

This WA coming on for preliminary  *

day, GOPALA GOWDA, J. delivered the follo'.vir_:ig;  _

Junamgiigr

The correctness of the oi.tire.lleaiinerl"l's'1ngle
Judge declining to give':d.irecti'on'.'respondent

to terminate the .lr;esgp_ondent as he
has obtained the fake caste
certificate th:isl””ap’;ieal urging various
at paragraph-3 has
extracted “before the first respondent

and the rsarne i-reads thus:

also understood that your Association had
it similar complaint to the S.P., Civil Rights
_’l’ll’Enforc_ernent Cell, Mangalore on 08.06.2001 and
.the Verification conducted by the SF’. reveals that

it ‘ Aleshappa belongs to ST Category “Nayaka

[Valrniki}” and accordingly you have been informed
of the outcome of the investigation vide his letter
dated 23.08.2001. In view of the above, the

matter is being treated as closed.”

\/

2. Placing reliance on the said finding, learned

single Judge found that the matter does not calijfor

interference as the right or the interest’:i…..9’f

Association is not violated by virtue

respondent having secured promotion… g

not find any reason whatsoever tor._interfea:r’ei’

order of the learned single eitfrgnnined
the case of the rightly
satisfied with ;by SF, Civil
Rights Associations

right isiivnet i i’

3. Thisg%appea-leis Vdeifoid of merit and is accordingly

dismissed.

Sd/-

JUDGE

sax-

JUDGE

AI/-