D.HANUMANTHARAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of Constitution of India seeking writ in the nature of certiorari quashing the order dtd. 22/2/2022 passed by the Karnataka State Administrative Tribunal, Bengaluru in Misc.A.No.464/2021 in Application No.6178/2018. Application No.6178/2018 was filed for quashing the Articles of charge leveled against the petitioner dtd. 2/8/2016 bearing No.LOK/ARE-2/14-A/ENQ-384/2013 vide Annexure- B(A-11).

(2.) The brief facts of the case are that the petitioner was working as a FDA in department of Mines and Geology and he has completed 35 years of service in different capacities. He was transferred to the office of the Deputy Director of Mines and Geology, Ilkal, Bagalkot District as he is specialized in processing of mining matters. As such on the request of the Director of Mines and Geology, the petitioner was sent on deputation to the office of the 3rd respondent. In the office of the 3rd respondent, he was scrutinizing the documents submitted by the lessees and submitting the report.

(3.) It is the contention that the grant of mining lease is done by the State Government under Sec. 10 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR Act') and in order to process the application and forwarding to the State Government, the powers have been delegated to the Director of Mining and Geology. The petitioner asserted that one Mr.Ram Rao Poal made application seeking grant of mining lease in respect of an area measuring 70 acres which according to the Forest department is a forest land. It is further asserted that much before the petitioner being posted in the Mining Lease Sec. , the check list was prepared and sent to the State Government for grant of mining lease. The State Government having regard to the report submitted by the Deputy Commissioner, Bellary District, Bellary, the application was sent to the Central Government seeking prior approval under Sec. 5(1) of the MMDR Act. The Central Government has granted prior approval under Sec. 5(1) of the MMDR Act and thereafter, the State Government had issued a notification, notifying the grant of mining lease in favour of Mr.Ram Rao Poal over an extent of 70 acres.