Allowed

Smt Malathi B v. Karnataka Power Transmission Corporation Limited

Karnataka HC11 Jul 2024WP/15013/2024

Case brief

AI extract

What is this about?

A retired employee on deputation, against whom only a show cause notice was issued and no disciplinary proceedings commenced, sought directions for pension, gratuity and leave encashment. The Court allowed the petition directing settlement of retiral benefits within eight weeks and an inquiry into the inaction.

What did the court decide?

Directions to settle pension, gratuity and leave encashment within eight weeks; liberty to file representation; respondents to report on failure to initiate disciplinary proceedings within four months

Smt Malathi B Vs Karnataka Power… — Pension and Retirement Benefits | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:26634 WP No. 15013 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 11^TH DAY OF JULY, 2024 BEFORE

¶5

THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 15013 OF 2024 (S-RES)

¶6

BETWEEN:

¶7

SMT MALATHI B W/O B V ARUNA KUMAR AGED ABOUT 61 YEARS NO 663, 10^TH MAIN RPC LAYOUT,HAMPINAGAR, VIJAYANAGAR, 2^ND STAGE BANGALORE 560104.

¶8

…PETITIONER

¶9

(BY SRI. ABHISHEK N V.,ADVOCATE)

¶10

AND:

¶11

Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

¶12

KARNATAKA POWER TRANSMISSION CORPORATION LIMITED KAVERI BHVAN, KG ROAD BANGALORE 560009 REPRESENTED BY ITS MANAGING DIRECTOR / AUTHORISED SIGNATORY.

¶13

BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED KR CIRCLE, BANGLAORE 560001 REP BY ITS MANAGING DIRECTOR AUTHORISED SIGNATORY.

¶14

…RESPONDENTS

¶15

(BY SMT. RAKSHITHA D.J., ADVOCATE FOR R1 SRI. R SRINIVASA GOWDA.,ADVOCATE)

¶16

¶17

NC: 2024:KHC:26634 WP No. 15013 of 2024

¶18

THIS WP IS FILED UNDER ARTICELS 226 OF THE CONSTITUTION OF INDIA PRAYING TO i) ALLOW THE ABOVE WP. ii) DIRECT THE RESPONDENTS TO PAY ALL THE RETIREMENT BENEFITS I.E. DEATH-CUMRETIREMENT GRATUITY, SETTLE ALL HER LEGAL MONETARY ENTITLEMENT INCLUDING EARNED LEAVE ENCASHMENT BENEFIT AND SANCTION THE PENSION WITHIN A PERIOD OF ONE WEEK, ALONG WITH INTEREST FROM THE DATE OF RETIREMENT TILL THE SAME IS PAID.

¶19

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

¶20

ORDER

¶21

The petition must be decided on the short ground viz., whether the respondents are justified in withholding the pension and retiral benefits to the petitioner. The petitioner has filed this petition for directions to the respondents to pay retiral benefits such as Death-cum-Retirement Gratuity, leave encashment benefit and pension.

¶22

The undisputed facts are that the petitioner was on deputation from the first

¶23

respondent with the second respondent during the

¶24

¶25

NC: 2024:KHC:26634 WP No. 15013 of 2024

¶26

year 2019 and that during this period she is issued with certain show cause notice alleging that she was negligent in performing her duties and failing to supervise the subordinates resulting in monetary loss to the organization. The petitioner contends that she has caused appropriate reply to such show cause notice asserting inter alia that it was at her instance, the First Information Report is registered with the jurisdictional Police against those who were responsible for causing monetary loss and that thereafter no action is taken pursuant to the show cause notice. The petitioner also asserts that, after she was promoted to the post of Controller of Accounts with her parent Department [the first respondent], she has retired from service with effect from 31.07.2023 upon attaining the age of superannuation.

¶27

The learned counsel for the petitioner, relying upon these circumstances, submits that this

¶28

¶29

NC: 2024:KHC:26634 WP No. 15013 of 2024

¶30

Court must direct the respondents to settle the retiral benefits emphasizing that the petitioner has not been served with any charge memo even as of now and because it has been more than four years even from the date she is served with show cause notice, it would not even be permissible, given the relevant Regulations [Regulation 171[b] of the KEB Employees Service Regulations], to initiate any proceedings now.

¶31

Both Sri R Srinivasa Gowda, the learned counsel for the second respondent and Smt. Rakshitha D J, the learned counsel for the first respondent, are heard in the light of these submissions, and when specifically queried about the initiation of disciplinary proceedings against the petitioner, they submit that their instructions are that the proceedings have not been initiated even as of today. In which event, the petitioner must succeed, and appropriate directions must ensue to the first respondent.

¶32

¶33

NC: 2024:KHC:26634 WP No. 15013 of 2024

¶34

However, this Court must record that often it is seen that though certain show cause notices are issued, there is no follow up, and when the concerned Officer/Employee retires, the pension and other retiral benefits are withheld. When the concerned approaches after the lapse of some time, this Court is informed that the Regulations contemplate withholding of pension and retiral benefits only if the departmental proceedings are initiated within four years from the date of the incident. In certain cases, this could be the modus to foreclose all proceedings without due inquiry.

¶35

The circumstances leading to inaction viz., not taking any action for commencement of the departmental proceedings within four years from the date of the incident must be examined to ensure that failure is not deliberate and calculated to achieve such purpose. As such, the respondents must be directed to verify and issue show cause notice to the

¶36

¶37

NC: 2024:KHC:26634 WP No. 15013 of 2024

¶38

concerned if there is occasion for the same. In the light of the afore, the following:

¶39

ORDER

¶40

[a] The petition is allowed directing the respondents to settle the petitioner's pension and other retiral benefits within a period of eight [8] weeks from the date of receipt of a certified copy of this order.

¶41

[b] The petitioner to avail the benefit of time bound decision is reserved with liberty to file a representation with certified copy of this order within two weeks from the date of receipt thereof.

¶42

[c] The first and second respondents shall enquire into the reason, if there is any, for failure to initiate action for commencement of disciplinary

¶43

¶44

NC: 2024:KHC:26634 WP No. 15013 of 2024

¶45

proceedings in the present case and issue show cause notice to the concerned and file a report in this regard with the registry within a period of four [4] months from today.

¶46

Sd/JUDGE

¶47

AN/-

Smt Malathi B v. Karnataka Power Transmission Corporation Limited

Case brief

What is this about?

What did the court decide?

Smt Malathi B v. Karnataka Power Transmission Corporation Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Siddaiah Vs the Secretary

Dr Priya N (M.Sc., Ph.D) Vs the National Assessment and Accreditation

G M Ramakrishna Vs the State of Karnataka

Bengaluru City Pourakarmika Gangmen Union Vs the State of Karnataka

Sri. Terence Francis Vs State of Karnataka

Sri. M. Rajanna Vs the State of Karnataka