IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.29562 OF 2014 (S-RES) BETWEEN:
SRI. NAGABHUSHANA REDDY, S/O N.THIMMAIAH, AGED ABOUT 37 YEARS, R/AT HOTTEBOMMANAHALLI, KYATHAGANAHALLI (POST) PAVAGADA TALUK, TUMKUR DISTRICT-572116 HE IS ALSO WORKING AS: ASSISTANT ACCOUNTS OFFICER R.S.D-2, BESCOM, HORAPETE, TUMKUR-572102 (BY SRI. G.NARASI REDDY, ADVOCATE) AND:
1 . THE SUPERINTENDING ENGINEER (ELECTRICITY) AND DISCIPLINARY CONTROL AUTHORITY, KAA AND PAA CIRCLE, BESCOM, TUMKUR-572 102.
2 . THE MANAGING DIRECTOR AND APPELLATE AUTHORITY, BESCOM, K.R.CIRCLE BANGALORE-560 001.
3 . CHIEF ENGINEER (ELECTRICITY) CHITRADURGA CIRCLE OFFICE, BESCOM, CHITRADURGA-577 501.
... PETITIONER 4 . THE EXECUTIVE ENGINEER (ELECTRICITY) TUMKUR (SECTION) TUMKUR-572 102.
... RESPONDENTS (BY SRI. RAVINDRA REDDY, ADVOCATE FOR R2-R4; R1 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 DATED 6.1.2014 VIDE ANNEXURE- A AS THE R-2 CONFIRMED THE ORDER PASSED BY THE R-1 DATED 8.5.2013 VIDE ANNEXURE-B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner an employee of the BESCOM is invoking the writ jurisdiction of this Court for assailing the orders dated 06.01.2014 and 08.05.2013 copies whereof are at Annexures- A & B whereby penalty has been levied by him for the alleged misconduct of speaking in the office in a raised voice.
2. After service of notice the respondents having entered appearance through their counsel, have filed the Statement of Objections resisting the writ petition.
3. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court is of a considered opinion that, reprieve needs to be granted to the petitioner for the following reasons:
(a) To the allegation of speaking in a “raised voice”, petitioner has filed the representation dated 04.05.2013 at Annexure-H explaining the circumstances in which the said allegations came to be made; the same has not been duly considered by the respondent-disciplinary authority and the Appellate Authority in the right perspective;
(b) the Apex Court in the case of STATE OF U.P. AND ORS. V. SAROJ KUMAR SINHA, AIR 2010 SC 3131 has held under:
Departmental enquiry conducted against the Government servant cannot be treated as a casual exercise; the enquiry proceedings also cannot be conducted with a closed mind; the enquiry officer has to be wholly unbiased; the rules of natural justice are required to be observed to ensure not only that justice is done but is manifestly seen to be done. The object of rules of natural justice is to ensure that a government servant is treated fairly in proceedings which may culminate in imposition of punishment.
The standard prescribed by the Apex Court as above is not satisfied by the impugned orders.
In the above circumstances, this writ petition succeeds; a writ of certiorari issues quashing the impugned orders; the matter is remitted back for consideration afresh in accordance with law.
Time for compliance is three months.
All contentions of the parties are kept open. No costs, now.
Sd/- JUDGE DS