Writ petition allowed. High Court Bench directed BESCOM officials to furnish the enquiry report to petitioners. If the report exonerates them, respondents must implement the Division Bench order within three months.
Respondents directed to furnish enquiry report; if petitioners exonerated, respond to earlier Division Bench order within three months.
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.
NC: 2024:KHC:35360 WP No. 16226 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 16226 OF 2024 (S-RES)
BETWEEN:
WORKING AT BENGALURU ELECTRICITY BOARD, KUNIGAL SUB DIVISION, KUNIGAL BRANCH - 591 304.
AGED ABOUT 29 YEARS, WORKING AT BENGALURU ELECTRICITY BOARD,
YADIYUR SUB DIVISION, AMRTHUR HOBALI, AMRTHUR BRANCH - 572 142.
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
AGED ABOUT 31 YEARS, WORKING AT BENGALURU ELECTRICITY BOARD, KUNIGAL SUB DIVISION, KEMPANAHALLI BRANCH - 573 211.
NC: 2024:KHC:35360 WP No. 16226 of 2024
…PETITIONERS
(BY SRI RAVINDRANATH K, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI S T NAIK, AGA FOR R1;
SMT. SWAMINI GANESH MOHANMBAL, ADVOCATE FOR R2 TO R5)
NC: 2024:KHC:35360 WP No. 16226 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENT NO.3 AND 5 TO FURNISH THE ENQUIRY REPORT PASSED BY THE ENQUIRY OFFICER OF SRI. H. M. NANJUNDASWAMY DATED 29.04.2023 TO THE PETITIONERS IMMEDIATELY AND B) DIRECTING THE RESPONDENT NO.2 TO 5 IF ENQUIRY REPORT ARE IN FAVOUR OF THE PETITIONERS IMPLEMENT THE ORDER OF THE DIVISION BENCH OF THIS HONBLE COURT PASSED IN WRIT APPEAL NO.261/2020 CONNECTED MATTERS DATED 09.11.2020 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioners have sought for the following reliefs:
a) Issue nature of writ of Mandamus directing the respondent No. 3 & 5 to furnish the enquiry report passed by the enquiry officer of Sri H. M. Nanjudaswamy 29.04.2023 to the petitioners immediately and dated:
b) Issue writ of Mandamus directing the respondent No.2 to 5 if enquiry report are in favour of the petitioners implement the order of the division bench of this Hon'ble
NC: 2024:KHC:35360 WP No. 16226 of 2024
court passed in Writ Appeal No.261 / 2020 connected matters dated:09.11.2020 as vide Annexure -Y.
the Division Bench of this Court held that "All arrears of Salary as well as further consequential benefits shall be subject to the result of enquiry proceedings to be conducted by the learned Enquiry officer". The petitioners contend that the enquiry officer has submitted his report to the respective appointing authority of the petitioners herein. However, the company has not taken any steps to reinstate the petitioners with all arrears of salary. The petitioners are therefore, before this Court for the aforesaid reliefs.
NC: 2024:KHC:35360 WP No. 16226 of 2024
She however contends that if the petitioners are exonerated, then suitable steps would be taken in accordance with law.
Najundaswamy (Retired District Judge), if it relates to the petitioners. If the report in so far as it relates to the petitioners, exonerates them of any misconduct, the respondents shall comply with the findings recorded by the Division Bench of this Court in W.A No.261/2020 and connected appeals within a period of three months from the date of receipt of a copy of this order.
Sd/(R. NATARAJ) JUDGE
THM List No.: 1 Sl No.: 5
2 issues framed by the court
Whether the respondents are directed to furnish the enquiry report relating to the petitioners.
Whether respondents are directed to implement the order of the Division Bench if the enquiry report exonerates the petitioners.
SRI VIKRAM Y YADAHALLI AND OTHERS
STATE OF KARNATAKA AND OTHERS
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
