IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.43934/2018 (S – RES) BETWEEN:
YALLAPPA SHANKARAPPA BHAJANTRI S/O SHANKARAPPA BHAJANTRI AGED ABOUT 26 YEARS, WORKING AS ASSISTANT LINEMAN, SOUTH NO.1, SUB-DIVISION K.V.LAYOUT, BESCOM BENGALURU-560 070 ... PETITIONER [BY SRI NAGARAJA P.S., ADV. FOR SRI VIJAY KUMAR, ADV.] AND:
1. THE GENERAL MANAGER ADM & HRD, KPTCL, CORPORATE OFFICE, BENGALURU-560 009 2. THE EXECUTIVE ENGINEER (EL.) O & M, JAYANAGARA DIVISION, BANASHANKARI 2ND STAGE, BENGALURU-560 070 …RESPONDENTS [BY SRI G.C.SHANMUKHA, ADV.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-K DATED 17.09.2018, PASSED BY RESPONDENT NO.2.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order dated 17.09.2018 issued by respondent No.2, whereby the petitioner has been dismissed from service.
2. The petitioner was appointed as Assistant Lineman under the category of Schedule Caste by the respondents. It transpires that on the information received by the respondent No.2 regarding the discrepancies found in the marks cards furnished by the petitioner, a notice was served on the petitioner calling upon him to explain the said discrepancies culminating in the order of penalty of dismissal from service. It is the grievance of the petitioner that without holding any enquiry, he has been dismissed from the service on the allegation of the marks cards not being genuine.
3. Undoubtedly, no enquiry has been held in accordance with the Regulation 11 of the Karnataka Electricity Board Employees (Classification, Disciplinary, Control and Appeal) Regulation, 1987 since the petitioner was holding the post of Assistant Lineman. Hence, the order of dismissal impugned herein cannot be sustained.
4. Accordingly, the writ petition is allowed.
Annexure – K dated 17.09.2018 is set aside. Liberty is reserved to the Competent Authority to proceed in accordance with law.
Respondents are directed to reinstate the petitioner forthwith and extend all consequential benefits from the date of dismissal till reinstatement.
Sd/- JUDGE PMR