MANJUNATHASWAMY BARIKAR Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) Aggrieved by the impugned order dated 30.04.2015 passed by the learned single Judge in Writ Petition No. 16202 of 2015, by which the petition was dismissed, the writ petitioner is in appeal.

(2.) The petitioner filed writ petition under Article 226 of the Constitution of India, praying to quash the endorsement dated 19.11.2014 issued by the 4th respondent - The Member Secretary, Common Cadre Committee (for short "the CCC") vide Annexure-N and endorsement dated 12.03.2015 vide Annexure-Q, and for a mandamus directing the respondents to issue an order of appointment to the petitioner for the post of Accounts Officer. The petitioner claims that he belongs to scheduled caste community having the qualification of M.Com, Diploma in Co-operation, L.L.B. and certificate course in Tally and Computer Hardware and Networking. It is stated that 4th respondent issued notification dated 10.02.2007 inviting applications for various posts to fill up back log vacancies. Pursuant to the said notification the petitioner applied for two posts i.e., Accounts Officer and Peon. The petitioner by notice dated 11.02.2018 was called for counselling and for verification of original documents on 26.02.2008 for the post of Accountant. The petitioner states that he attended the counselling on 26.02.2008 and produced all the necessary documents for verification. The petitioner had also applied for the post of peon. The 4th respondent by order dated 29.05.2008 appointed the petitioner as peon. Pursuant to the order of appointment the petitioner reported to duty as peon. Subsequently, he remained unauthorized absent. The petitioner made representation dated 13.09.2008 stating that from 01.07.2008 he has not attended the duties of peon, he further stated that even though his name appeared in the selection list of Accountant, he is not appointed to the said post. Further stated that he is resigning from the post of peon and requested for appointment as Accountant. The 4th respondent accepted his resignation and issued endorsement dated 02.02.2009. Again the petitioner made representation seeking appointment as Accountant. The 4th respondent issued endorsement dated 19.11.2014 stating that as he has not submitted the required documents along with his application, his candidature was rejected and the same was informed to him earlier. The Advocate who had issued notice on behalf of the petitioner was also informed the same by the 4th respondent vide Annexure-Q dated 12.03.2015. Aggrieved by those endorsements seeking for direction to appoint him as Accountant, the instant writ petition was filed. The learned single Judge rejected the writ petition as having no merit and observed that whether petitioner submitted all the documents on 26.02.2008 or not, is a question of fact which cannot be gone into in the writ petition. Further, after more than six years the petitioner could not have sought appointment. Aggrieved by the order of the learned single Judge the petitioner is in appeal.

(3.) Heard the learned counsel for the appellant and learned counsels for the respondents. Perused the appeal papers and also the records produced by the 4th respondent.