Allowed

Sri Santosh Mallanagouda Meti v. the General Manager

Karnataka HC11 Dec 2023WP/14817/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition challenging a disciplinary order holding a fake marks card charge established. The court quashed the order, directing that the petitioner be referred to Sri H.M. Nanjundaswamy for enquiry and re-instated in service, noting the court-appointed officer's prior consistent findings.

What did the court decide?

Impugned orders quashed; matter referred to Sri H.M. Nanjundaswamy for enquiry; petitioner re-instated with immediate effect.

Sri Santosh Mallanagouda Meti Vs the General Manager — Service and Employment | Karnataka HC (2023)

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1 - NC: 2023:KHC:44853 WP No. 14817 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 14817 OF 2023 (S-RES)

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BETWEEN:

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SRI SANTOSH MALLANAGOUDA METI

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S/O MALLANAGOUDA AGED ABOUT 32 YEARS OCC ASSISTANT LINEMAN, MESCOM, HOLEHONNURU SUB DIVISION, BHADRAVATHI, SHIMOGA 577301.

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…PETITIONER

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(BY SRI. JAVEED S., ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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THE GENERAL MANAGER ADM AND HRD, MESCOM, REGD, OFFICE AT PYARADIM PLAZA, AB SHETTY CIRCLE, MANGALURU 576101.

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THE EXECUTIVE ENGINEER (ELE) DISCIPLINARY AUTHORITY, MESCOM, BHADRAVATHI, SHIMOGA 577301

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…RESPONDENTS

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(BY SRI. B.C.PRABHAKAR., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER DATED 20/06/2023 BEARING NO. KA NI

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2 - NC: 2023:KHC:44853 WP No. 14817 of 2023

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EM(ELE)/LE AA/SA LE AA/KI.AA.SA/2023-24/1802-808 PRODUCED AS ANNEXURE-K, PASSED BY THE R-2, ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This Writ Petition is filed challenging an order passed

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by the Disciplinary Authority, by which the Disciplinary Authority has held that the charge of producing a fake marks card has been established.

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A Division Bench of this Court in W.A. No.261/2020

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and several other connected matters, while dealing with cases arising out of production of fake marks card in respect of the employment secured as Assistant Lineman in Bengaluru Electricity Supply Company (for short, ‘BESCOM’), had proceeded to pass an order in the following terms –

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“18. With regard to the genuineness or otherwise of the marks cards that the employees have submitted on the basis of which they have been appointed as Assistant Lineman in the

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3 - NC: 2023:KHC:44853 WP No. 14817 of 2023

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appellant’s Company, having regard to the magnitude of the controversy, inasmuch as information in respect of 173 employees is yet to be received from the Department, there is initiation of enquiry in respect of 74 fake marks card and certain persons have approached this Court and have been granted relief. We think that it is just and proper to direct Sri.H.M.Nanjunda Swamy, retired District Judge and presently the Director of the Bengaluru Arbitration Centre, to be appointed as the Enquiry Officer to conduct the enquiry and to submit a report to the appellant in the place of Sri.Shivannagoudar, who has been appointed by the appellants. Learned Enquiry Officer shall decide the venue of the enquiry and he shall be suitably remunerated by the appellants.”

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As could be seen from the said order, the Division Bench took notice of the magnitude of the controversy and the fact that information in respect of 173 employees were yet to be received from the department, and enquiry had been initiated in respect of 74 such candidates and having regard to those facts, this Court thought it appropriate and proper to direct Sri.H.M.Nanjundaswamy, Retired District

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Judge, to be appointed as the Enquiry Officer to conduct the enquiry and to submit a report.

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It is not in dispute that Sri.H.M.Nanjundaswamy, has conducted an enquiry in respect of several other employees and has already held that the charges alleged against the candidates of producing fake marks cards were not established. It appears that without notice of the said order, MESCOM had proceeded to appoint the present Enquiry Officer, who has submitted a report holding that the charges alleged against the petitioner had been established. A reading of the said report indicates that the enquiry report furnished by Sri.H.M.Nanjundaswamy, in respect of other candidates has not even been noticed.

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In my view, since a Division Bench of this Court had categorically appointed Sri.H.M.Nanjundaswamy, to enquire into the 73 enquiries relating to the fake marks cards, MESCOM ought to have referred the matter to Sri.H.M.Nanjundaswamy and ought not to have appointed any Enquiry Officer.

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It is to be stated here that BESCOM, being a substituted company and having accepted the order of the Division Bench whereby Sri.H.M.Nanjundaswamy was appointed as the Enquiry Officer by the Division Bench, MESCOM could not have proceeded to ignore the said order and appoint another Enquiry Officer.

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It is also forthcoming from the enquiry report that the enquiry report of Sri.H.M.Nanjundaswamy has not been considered at all.

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In that view of the matter, in my view, the impugned orders cannot be sustained and the same are quashed . The matter shall now be referred to Sri.H.M.Nanjundaswamy, who shall conduct an enquiry as ordered by the Division Bench in W.A. No.261/2020 and submit an enquiry report for the consideration of MESCOM. Writ Petition is, accordingly, allowed .

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As a consequence of this, the petitioner would have to be re-instated into service with immediate effect.

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Sri.H.M.Nanjundaswamy, is requested to submit his report within a period of three months from the date of

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receipt of a copy of this order.

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Sd/JUDGE

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HNM List No.: 1 Sl No.: 24

Sri Santosh Mallanagouda Meti v. the General Manager

Case brief

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Sri Santosh Mallanagouda Meti v. the General Manager

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