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S MAHESHA v. UNION OF INDIA

Supreme Court of India | Diary 10001/2021

Status

ROP - of Main Case

Decided On

10-05-2022

Bench

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL and HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

S MAHESHA

Respondent

UNION OF INDIA

Primary Holding

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Full Judgment Text

ITEM NO.15 COURT NO.6 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7060/2021 (Arising out of impugned final judgment and order dated 27-01-2021 in WP No. 8385/2020 (S-CAT) passed by the High Court of Karnataka At Bengaluru) S MAHESHA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) ([FOR DISPOSAL] IA No. 160617/2021 - APPLICATION FOR PERMISSION TO FILE REJOINDER AFFIDAVIT) Date : 10-05-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Basavaprabhu S. Patil, Sr. Adv. Mr. Geet Ahuja, Adv. Mr. Anirudh Sanganeria, AOR For Respondent(s) Mr. Mohammad Akhil, Adv. Mr. Praneet Pranav, Adv. Mr. Vatsal Joshi, Adv. Mr. Amrish Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R We have heard learned counsel for parties. It is the submission of learned counsel for the petitioner that not only has the petitioner been discharged in he criminal proceedings (even the trial was not found worthy) but even the so called kingpin was so discharged. The departmental proceedings initiated against the alleged kingpin viz. T. Shivanna has also been closed and three years after filing of FIR, the

present departmental proceedings have been initiated. On our query, learned counsel for the respondent(s) submits that the proceedings are over but no final order has been passed in view of our Order dated 14.3.2022. In the conspectus of the aforesaid facts and circumstances, we are of the view that the ends of justice would be sub-served by directing the respondents to take all the aforesaid aspects into consideration while deciding the departmental proceedings. This would, in our view, naturally require necessary reasons to be recorded, in case an adverse view against the petitioner has to be taken and how the same is sustainable in view of what has been set out aforesaid. In fact learned counsel for the petitioner states that even the recommendations made have been rejected by the President of India vide Order No.E(O)I-2019/PU-2/SWR/64 dated 12.10.2021. The special leave petition is accordingly disposed of in terms aforesaid. Pending application(s) also stand disposed of. (RASHMI DHYANI) (POONAM VAID) COURT MASTER COURT MASTER

ITEM NO.40 Court 6 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No.7060/2021 (Arising out of impugned final judgment and order dated 27-01-2021 in W.P. No.8385/2020 (S-CAT) passed by the High Court of Karnataka at Bengaluru) S MAHESHA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (IA No. 160617/2021 - APPLICATION FOR PERMISSION) Date : 14-03-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Basavaprabhu S. Patil, Sr. Adv. Mr. Anirudh Sanganeria, AOR Mr. Geet Ahuja, Adv. For Respondent(s) Mr. K.M. Nataraj, Adv Mr. Vatsal Joshi, Adv Mr. Praneet Pranav, Adv. Mr. Mohd. Akhil, Adv. Mr. Manish, Adv. Mr. Amrish Kumar, AOR UPON hearing the counsel the Court made the following O R D E R List for disposal on a non-miscellaneous Tuesday i.e. 10.05.2022. The departmental proceedings can continue but no final order will be passed. (RASHMI DHYANI) (POONAM VAID) COURT MASTER COURT MASTER

ITEM NO.802 COURT NO.6 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7060/2021 (Arising out of impugned final judgment and order dated 27-01-2021 in WP No. 8385/2020 passed by the High Court Of Karnataka At Bengaluru) S MAHESHA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 15-02-2022 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Basav Prabhu S. Patil, Sr. Adv. (mentioned by) Mr. Anirudh Sanganeria, AOR For Respondent(s) Mr. Amrish Kumar, AOR UPON being mentioned the Court made the following O R D E R Not to be deleted from the date already notified.* (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) * Date as per system 14.03.2022

ITEM NO.17 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 7060/2021 S MAHESHA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 17-08-2021 This petition was called on for hearing today. For Petitioner(s) Mr. Anirudh Sanganeria, AOR For Respondent(s) UPON hearing the counsel through Video Conference, the Court made the following O R D E R Service is complete on respondent Nos.1 to 3 but none has entered appearance. Registry to process the matter for listing before the Hon'ble Court, as per rules. RAJESH KUMAR GOEL Registrar

ITEM NO.40 Court 7 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7060/2021 (Arising out of impugned final judgment and order dated 27-01-2021 in WP No. 8385/2020 passed by the High Court Of Karnataka At Bengaluru) S MAHESHA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and I.R. ) Date : 12-07-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Basavaprabhu S. Patil, Sr. Adv. Mr. Anirudh Sanganeria, AOR Mr. Geet Ranjan Ahuja, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice on the special leave petition as well as on the prayer for interim relief, returnable in four weeks. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.8 Court 7 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7060/2021 (Arising out of impugned final judgment and order dated 27-01-2021 in WP No. 8385/2020 passed by the High Court Of Karnataka At Bengaluru) S MAHESHA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and I.R. ) Date : 09-07-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Basavaprabhu S. Patil, Sr. Adv. Mr. Anirudh Sanganeria, AOR Mr. Geet Ranjan Ahuja, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned senior counsel seeks to refer to the judgments in Capt. M. Paul. Anthony v. Bharat Gold Mines Ltd. & Anr.- (1999) 3 SCC 679, G.M. Tank v. State of Gujarat & Anr. - - (2006) 5 SCC 446 and State of Rajasthan & Ors. v. Heem Singh –(2020) SCC Online SC 886. We would like to examine the judgments. List on Monday i.e. 12.07.2021. (ASHA SUNDRIYAL) (BEENA JOLLY) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.8 Court 8 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7060/2021 (Arising out of impugned final judgment and order dated 27-01-2021 in WP No. 8385/2020 passed by the High Court Of Karnataka At Bengaluru) S MAHESHA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and I.R. ) Date : 30-06-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Anirudh Sanganeria, AOR (Not joined) For Respondent(s) UPON perusing the papers the Court made the following O R D E R In view of adjournment slip circulated by learned counsel for the petitioner, adjourned for one week. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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