A K BHAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, formerly a Munsiff in the Karnataka Judicial Service, has presented this writ petition praying for quashing the order by which he was discharged from service and has also sought for a direction for payment of salary for the period commencing from 24.4.1982 upto 17.7.1982 (b d.i) before his discharge.

(2.) The facts of the case, in brief are as follows : The petitioner was appointed as a Munsiff and was posted to the Court of the Munsiff and J.M.F.C, Chikodi. He was under probation. During the period of probation, by an order made by this court on the administrative side, he was directed to hand-over charge on 24.4 82. In obedience to the said order, he handed over the charge. No posting was given to the petitioner. Consequently he could not report for duty at any other place. Subsequently by notification dt. 5.7.1982 issued by the Governor (Annexure-B) the petitioner was discharged from service. This order was sent to the Registrar of the High Court for being forwarded to the petitioner. The Registrar forwarded the copy to the District and Sessions Judge, Belgaum. The Dis'rict and Sessions Judge in turn by his order dt. 12.7.1982 forwarded the copy to the petitioner through the Civil Judge, Chikodi. It was served on the petitioner on 17.7.1982. Accordingly the petitioner ceased to be a member of the Judicial Service with effect from 17.7.1982.

(3.) In this petition, the petitioner has not only questioned the legality of the order of discharge, but also has sought for a direction for payment of salary for the period during which he was kept out of duty prior to the date of discharge. At the time of hearing, learned counsel for the petitioner sub mitted that he would confine this petition to the prayer for payment o. salary for the period prior to the date of discharge with liberty to file a fresh petition questioning the legality of the order of discharge. I granted the request of the petitioner and heard the writ petition only in so far it relates to the prayer made by the petitioner for payment of salary.