The Supreme Court on Friday ordered the Karnataka High Court chief justice to reply to the petition filed by a dismissed high court employee. The employee had  sought a direction to the chief justice, not to preside over the bench to decide his writ petition, as he was the disciplinary authority and one of the respondents.
A bench comprising Chief Justice K G Balakrishnan, Justices Tarun Chatterjee and R V Raveendran issued notices to the chief justice, registrar general and registrar (Judicial) of Karnataka High Court on the petition filed by dismissed assistant court officer K Sippe Gowda.
In a petition, Mr Gowda, also President of Karnataka State Government Employees' Association, said, “the chief justice being the disciplinary authority in the matter, ought not to take up the writ petition of the petitioner for consideration.Judicial review of the same would be contrary to the basic concept of natural justice.”
Interim order
Counsel P R Ramasesh and Subramanium Jois, appearing for the petitioner, submitted that “the petition ought to be heard by a single judge, unless the same is referred to a division bench.”
In his prayer, Sippe Gowda sought the direction of the apex court to quash the interim order of the High Court, of June 11, 2007, which stated that it would hear the petition.
It maintained that the chief justice who had passed the dismissal order on September 12, 2005 was a different one.
He also sought the direction for staying the operation of his dismissal order. He maintained that it  was allegedly pronounced without any basis.
Mr Gowda was dismissed from service by the then Chief Justice of Karnataka M K Sodhi, as he deliberately availed leave on December 18, 2004, despite being asked to attend the court as additional court officer on that day.
The departmental inquiry finding also revealed that he was in the habit of marking attendance and getting away from court premises.
He has filed a petition before the High Court, challenging his dismissal. He has termed  it as illegal and unjustified.