The High Court dismissed a writ petition lodged by a BESCOM employee challenging a show-cause notice for dismissal. The Court held that the notice is issued under relevant service regulations and challenges must be presented to the disciplinary authority, not by way of writ.
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NC: 2024:KHC:35554 WP No. 22626 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO.22626 OF 2024 (S-RES)
BETWEEN:
SRI. MALIYAPPA TALAWAR S/O. HANAMAVVA AGED ABOUT 37 YEARS RESIDING AT NO.123/1, 4TH MAIN ROAD, 6TH CROSS, GOVINDARAJANAGAR, BANGLAORE-560 040.
…PETITIONER
(BY SRI. MOHAMMED RASEEL, ADVOCATE FOR
SRI. SUNIL KUMAR H., ADVOCATE)
AND:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
K.R. CIRCLE, BANGALORE-560 001.
…RESPONDENTS
(BY SRI. ARIHANT R. SUNGAY, ADVOCATE FOR SMT. SUMANA NAGANAND ADVOCATE FOR RESPONDENT NOS.1 AND 2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SHOW CAUSE NOTICE NO.KA.NI.EM(V)/LE.AA/SA.LE.AA/HI.SA(SI)/2024-25/5400 DATED 06.08.2024 VIDE ANNEXURE-A AND ETC.
NC: 2024:KHC:35554 WP No. 22626 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner is before this Court challenging the second show-cause notice issued by the disciplinary authority. The petitioner has also sought for a direction to the respondents not to dismiss him from service.
against the petitioner were proved. Following this, the respondent No.1 issued a notice dated 06.08.2024 enclosing therewith a copy of the report and called upon him to showcause, as to why a penalty of dismissal from service should not be imposed. This show-cause notice is challenged in this writ petition.
above contention and prayed that the show-cause notice issued by the respondent No.1 be set at naught.
well as the disciplinary authority imposing any punishment, he has to present the same before the disciplinary authority and certainly cannot challenge the show-cause notice issued.
dismissed.
the show-cause notice issued by the respondent No.1.
Sd/(R. NATARAJ) JUDGE
HJ
List No.: 1 Sl No.: 29
2 issues framed by the court
Whether the writ petition challenging the show-cause notice issued by the disciplinary authority is maintainable.
Whether a petitioner can assail the show-cause notice by attacking the report of the enquiry officer before this Court.
Colour shows how this judgement treated each authority
Union of India v. Kunisetty SatyanarayanaFollowed¶36
Union of India V. Kunisetty Satyanarayana (2006) 12 SCC 28 · Who else cites this
SRI. MALIYAPPA TALAWAR
THE MANAGING DIRECTOR BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
THE EXECUTIVE ENGINEER (BESCOM) HIRIYUR SUB-DIVISION
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
