B SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER in WP. No. 2463/1998 was an employee of the karnataka Public Service Commission (for short KPSC) and he has filed this petition challenging the order dated 23. 10. 1991 passed by kpsc imposing the punishment of compulsory retirement. The petitioner in WP No. 10774/1998 is an employee of KPSC and she has filed her petition seeking promotion from the date her junior was promoted.

(2.) PETITIONER in W. P. No. 2463/98 had earlier approached the karnataka Administrative Tribunal in Application No. 5594/97 seeking for the very same relief. The Tribunal by order dated 11. 12. 1997 disposed of the said application at the stage of preliminary hearing, on the following ground: The question of his seeking reliefs before this Tribunal does not arise in view of the fact that the K. P. S. C. as having not been notified as one of the authorites under Section 15 of the administrative Tribunals Act. It is open for the applicant to agitate his rights before a proper forum.

(3.) IN view of it, the petitioner in WP No. 2463/1998 has filed the said Writ Petition. In view of the said order of the Tribunal holding that it has no jurisdiction to entertain the petitions against K. P. S. C, the petitioner in W. P. No. 10774/98 has directly approached this Court without approaching the Tribunal first.