KARNATAKA STATE LEGAL SERVICES AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY Vs. SUBRAMANYA A SON OF ASHWATHAIAH

JUDGEMENT

(1.) Aggrieved by the impugned order dated 14.7.2017 passed by the learned Single Judge in W.P.No.56287 of 2013, by which the petition was allowed, directing the respondent to reinstate the petitioner into service, respondent is in appeal.

(2.) The petitioner filed writ petition under Articles 226 and 227 of the Constitution of India, praying to quash the communication dated 04.09.2013, endorsement by which he was intimated that order of discharge passed against him for non-suitability has become final by order dated 29.02.2012 passed in W.P.No.8956 of 2012. Further, the petitioner sought for a direction to take back the petitioner to the post of driver with consequential benefits.

(3.) The petitioner asserts that he holds a valid driving license and he was selected and appointed as driver in the respondent-authority by office order dated 25.05.2009. He was appointed on probation for a period of two years from 14.05.2009. By order dated 29.02.2012, the respondent discharged the petitioner and two others from service as they are not suitable to hold their respective posts. The order of discharge was challenged before this Court in W.P.No.8956 of 2012 and this Court, by order dated 22.06.2012 dismissed the writ petition holding that the order of discharge is discharge simplicitor.