IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.12839 OF 2019 (S-RES) BETWEEN:
SRI.GURUBASAVARAJ SWAMY S/O.SHIVAIAH HIREMATH AGED ABOUT 31 YEARS ASSISTANT ENGINEER PERSONAL IDENTITY NO.15362 BENGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) PRESENTLY WORKING AT WORKS UNIT OPERATION AND MAINTENANCE DIVISION TIPTUR-572 202 TUMKUR DISTRICT (BY SRI.SUBRAMANYA P.D., ADV.) AND:
1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) CAUVERI BHAVAN, K.G.ROAD BENGALURU-560 009 REP. BY ITS MANAGING DIRECTOR 2. BENGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) CORPORATE OFFICE, K.R.CIRCLE BENGALURU-560 001 REP. BY ITS MANAGING DIRECTOR 3. EXECUTIVE ENGINEER (ELECTRICAL) BENGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) OPERATION AND MAINTENANCE DIVISION TIPATURU-572 202 … PETITIONER TUMKUR DISTRICT ... RESPONDENTS (BY SRI.R.SRINIVASA GOWDA, ADV. FOR R-1 SRI.G.C.SHANMUKHA, ADV. FOR R-2 R-3 SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD: 07.03.2019 PASSED BY THE R-3 HEREIN BEING ARBITRARY, ERRONEOUS AND NOT SUSTAINABLE IN LAW (ANNEXURE-S) AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has sought for the following relief:
(i) Pass/grant the writ of certiorari or order or direction setting aside the order made vide Sl.No.E.E. (E)/Ti/A.O./A.A.O./ Hi.Sa.(Si)6339-43 dtd: 07.03.2019 passed by the respondent No.3 herein being arbitrary, erroneous and not sustained in law (Annexure-X).
(ii) Issue of writ of mandamus or any other writ or direction or order against the respondents to pay the legitimate and unpaid monthly salary of the petitioner form 03.6.2017 and arrears of salary as per the revised pay scale from 04.04.2017, for the duties discharged by the petitioner, in the interest of justice and equity.
2. On certain serious allegations that for non completion of certain contracts, contractor was liable to pay certain money in terms of agreement entered. Petitioner is held responsible for not furnishing completion of report and other relevant documents. In this regard, show cause notice was issued. After receipt of petitioner’s explanation, official-respondents ordered to recover a sum of Rs.1,67,39,214.00 vide Annexure-S dated 7.3.2019.
3. Petitioner is a regular holder to the post of Assistant Engineer. If any alleged irregularities in discharging duties and any financial loss to the BESCOM by him and such alleged allegations attracts misconduct, in such an event, official-respondents are required to hold Domestic Enquiry and allegations are required to be proved in terms of disciplinary regulations.
4. Undisputedly, the Domestic Enquiry has not been resorted. On this short ground official memorandum dated 7.3.2019 (Annexure-S) is set aside. Writ petition stands allowed reserving liberty to the respondents to proceed in accordance with law within a period of six months from the date of receipt of this order after giving due opportunity to the petitioner.
Sd/- JUDGE BS