Disposed

Sri. Ck Srinivas S/O C K v. Karnataka Power Corporation Limited

Karnataka HC4 Jun 2024WP/102907/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition filed by a Senior Assistant seeking reinstatement and quashment of a dismissal penalty order. The Court held that the penalty was imposed by a competent authority under Certified Standing Orders and disposed of the matter, reserving liberty to the petitioner to avail the statutory appeal remedy.

What did the court decide?

Petition disposed, liberty reserved to the petitioner to avail the remedy of appeal under Certified Standing Orders.

Sri. Ck Srinivas S/O C K Vs Karnataka Power… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC-D:7364 WP No. 102907 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL

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WRIT PETITION NO.102907/2024(S-DIS)

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BETWEEN:

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SRI. C.K. SRINIVAS, S/O C. K. HANUMANTAPPA, AGED 46 YEARS, SENIOR ASSISTANT(ADMINISTRATION), OFFICE OF THE EXECUTIVE ENGINEER (O AND M), KARNATAKA POWER CORPORATION LIMITED , MUNIRABAD DAM POWER HOUSE, MUNIRABAD, KOPPAL DISTRICT, RESIDENT OF 15^TH WARD, CHALAWADI KERI, NEAR RAMALINGAMMA TEMPLE, KAMPLI – 583 132, KAMPLI TALUK, BELLARI DISTRICT.

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…PETITIONER

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Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka

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(BY SRI M. MADHUSUDAN AND K. T. GARADIMANI AND BHUSHAN B. KULARNI, ADVOCATES)

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AND:

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KARNATAKA POWER CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, SHAKTHI BHAVAN, NO. 82, RACE COURSE ROAD, BANGALORE – 560 001.

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THE EXECUTIVE DIRECTOR, KARNATAKA POWER CORPORATION LIMITED, BELLARI THERMAL POWER STATION,

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2 - NC: 2024:KHC-D:7364 WP No. 102907 of 2024

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KUDITINI – 583 152, BELLARI TALUK AND DISTRICT.

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THE SUPERINTENDING ENGINEER (ELECTRICAL) (IN -CHARGE ), ALMATTI DAM POWER HOUSE, KARNATAKA POWER CORPORATION LIMITED, ALMATTI POWER HOUSE, SEETIMANI, RAMPURA-587270

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THE EXECUTIVE ENGINEER (O&M), KARNATAKA POWER CORPORATION LIMITED, MUNIRABAD DAM POWER HOUSE, MUNIRABAD – 583 233, KOPPAL TALUK AND DISTRICT.

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…RESPONDENTS (BY SRI MRUTYUNJAY S. HALLIKERI, ADVOCATE FOR C/R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

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THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER BEARING NOS. AA.AA. (V) ADPH/ SHISTUKRAMA/ 162 DATED 05/11.08.2023 (VIDE ANNEXURE-C) AND ALSO THE ORDER OF PENALTY BEARING NO. AA AA. (V) ADPH/ SHISTU KRAMA/ 45 DATED 13.05.2024 (VIDE ANNEXURE-J), BOTH ISSUED BY THE 3^RD RESPONDENT, CONSEQUENTLY ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER INTO SERVICE WITH ALL CONSEQUENTIAL BENEFITS AND ETC.,

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3 - NC: 2024:KHC-D:7364 WP No. 102907 of 2024

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THIS PETITION, COMING ON FOR PRELIMINARY

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HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Only grievance of the petitioner is that the authority which has passed the order of penalty as per Annexure-J dated 13.05.2024 dismissing the petitioner from the service is an incompetent authority, as such the order is bad in law.

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Learned counsel for the respondents on the other hand drawing attention of this Court to the Certified Standing Orders of the Karnataka Power Corporation Limited (for workmen) as per Annexure-A submits that the said Standing Order empowers Superintendent Engineer or officer of equivalent cadre to impose the penalty of dismissal as in the case of the petitioner.

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He further submits that the impugned order as per Annexure-J is passed by the Superintendent Engineer (Electricity), ADPH who is the competent authority prescribed under the Standing Orders.

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4 - NC: 2024:KHC-D:7364 WP No. 102907 of 2024

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Learned counsel for the respondents further submits that an appeal is provided under the standing

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orders as per Rule 25(f).

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The learned counsel for the petitioner does not dispute the aforesaid provisions for filing of appeal as provided under the Certified Standing Orders of the KPCL.

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In that view of the matter, petition is disposed off reserving liberty to the petitioner to avail the remedy of appeal provided under the Certified Standing Orders.

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All contentions are kept open to be urged by

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the petitioner before the Appellate Authority as provided

the Standing Orders.

SD/JUDGE

SMM/CT-ASC

List No.: 1 Sl No.: 16

Sri. Ck Srinivas S/O C K v. Karnataka Power Corporation Limited

Case brief

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Sri. Ck Srinivas S/O C K v. Karnataka Power Corporation Limited

Case brief

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