The High Court of Karnataka allowed a writ petition to quash a show cause notice issued by KSRTC. The notice was held invalid as it violated Regulation 35(2)(ii), which prohibits initiating revision proceedings while an appeal is pending, even after the appeal's subsequent dismissal.
Show Cause Notice dated 26.07.2021 is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 15725 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2022 BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 15725 OF 2021 (S-KSRTC)
BETWEEN:
…PETITIONER
(BY SRI M C BASAVARAJU, ADVOCATE)
AND:
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI SANJEEV B L., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SHOW CAUSE NOTICE DATED 26.07.2021 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-L.
WP No. 15725 of 2021
THIS WRIT PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
" i) Issue a writ in the nature of writ of certiorari by quashing the impugned show cause notice bearing No. KARASA/KEKA/SHISTHU/183/2021-22 dated 26/07/2021 issued by the second respondent vide Annexure L to the writ petition or
ii) Pass such other order or orders as this Hon'ble Court may deem fit to grant under the facts and circumstances of the case in the interest of justice and equity."
An order of punishment came to be passed by the respondent-Corporation on 13.01.2021, which is challenged by the petitioner in an appeal before the second respondent on 22.02.2021. While the said appeal was pending, the respondent-Corporation issued another show cause notice on 26.07.2021.
WP No. 15725 of 2021
WP No. 15725 of 2021
"35. Revision
(ii) the disposal of the appeal, where any such appeal has to been preferred."
WP No. 15725 of 2021
Order
Sd/JUDGE
MV List No.: 1 Sl No.: 38
3 issues framed by the court
Whether a show cause notice complying with mandatory regulatory prohibitions during a pending appeal can be quashed.
Whether the dismissal of an appeal retrospectively validates a procedural impropriety in issuing a subsequent show cause notice.
The尉iosity of quashing a notice issued in violation of disciplinary regulations mandating a moratorium on revision proceedings.
2 provisions across 2 enactments
Renuka HalaWala W/o Yellappa Pujar
The Managing Director KSRTC
The Director (Personnel and Environment) and Revision Authority KSRTC
The Divisional Controller and Disciplinary Authority KSRTC
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
