M P SIDDANANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) in this writ petition, the petitioner has questioned the legality of termination of his services as superintendent for boys hostel in the department of social welfare of the state government.

(2.) this matter has been referred to division bench under Section 9 of the Karnataka High Court Act, 1961, by the learned single judge. On 24th april, 1990 the government Advocate was directed to take notice and the matter has now come up for preliminary hearing.

(3.) the first question for consideration is about the maintainability of thewrit petition. The administrative tribunals Act, 1985, has been enacted by the parliament pursuant to article 323-a of the constitution. Under the said Act, an administrative tribunal has been constituted for this state called the Karnataka administrative tribunal. Therefore, in view of clause (d) of article 323-a of the constitution, the jurisdiction of this court to entertain writ petitions concerning disputes and complaints in service matters of the civil servants of this state is taken away and is vested in the Karnataka administrative tribunal. Admittedly, in the present case, the petitioner was appointed to a civil post and the dispute in the writ petition is about the legality of termination of his service. Therefore, it is clear that the matter lies squarely within the jurisdiction of the administrative tribunal and a petition under article 226 of the Constitution cannot be entertained as the jurisdiction of this court is taken away.