IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.36451 OF 2019 (S-DIS) BETWEEN:
SRI. RAFEEQ ABDULSAB BADAMI S/O ABDULSAB AGED ABOUT 32 YEARS OCC:ASSISTANT LINEMAN BESCOM KUKKUWADA DIVISION GRAMINA SUB-DIVISION DAVANGERE-577 525 PERMANENT ADDRESS C/O CHANDSAB KUDAGI AT POST, ACHANUR TQ.
BAGALKOT-587 111 …PETITIONER (BY SHRI. S. JAVEED, ADVOCATE) AND:
1. THE GENERAL MANAGER ADM & HRD KPTCL CORPORATE OFFICE BANGALORE-560 009 2. THE EXECUTIVE ENGINEER (EI) VA, COM & PA DIVISION BESCOM DAVANGERE-577 002 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD 25.09.2018 VIDE ANNX-E PASSED BY THE R-2 AND DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER TILL THE CASES OF THE PETITIONER IS CONSIDERED IN ACCORDANCE WITH LAW.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri Javeed S., learned advocate for the petitioner.
2. Petitioner was appointed as Assistant Lineman in Bengaluru Electricity Supply Company Limited (‘BESCOM’ for short), based on the National Trade Certificate issued by the Department of Employment and Training. By order dated 25.09.2018(Annexure-E), BESCOM has removed petitioner from service on the ground that certificate submitted by him was a fake one.
3. Shri Javeed submitted that respondents have not held any enquiry to prove that the certificate is a fake one. Therefore, impugned order is bad in law.
4. I have heard the learned advocate for the petitioner and perused the records.
5. Annexure-E is the order impugned by the petitioner. It is recorded therein that Commissioner for Industrial Training & Employment by communication dated 17.05.2018 has conveyed that marks card submitted by the petitioner is not genuine.
6. It is not in dispute that ITI certificate is required to be issued by the Department of Employment and Training. The highest authority of that Department namely, the Commissioner has conveyed to petitioner’s employer that marks card submitted by the petitioner is not a genuine one. The ground urged by the learned advocate for the petitioner that no enquiry has been conducted before removing the petitioner from service is untenable inasmuch as the marks card issuing authority has declared it as a fake one. In the circumstances, no exception can be taken to the impugned order passed by respondent No.2. Resultantly, this petition fails and it is accordingly dismissed.
No costs.
Sd/- JUDGE Yn.