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C Veerasiddaiah Vs the Managing Director — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
C Veerasiddaiah Vs the Managing DirectorC Veerasiddaiah v. the Managing Director

Disposed¶35

C Veerasiddaiah v. the Managing Director

Service – Pension

Karnataka HC3 Feb 2025WP/1075/2025

Case brief

AI extract

What is this about?

Pension; pensionary benefits; retirement benefits; departmental enquiry; Karnataka Lokayukta; second show-cause notice dated 17.04.2023; enquiry report; acquittal in criminal proceedings; KPTCL; Managing Director; Director (Admn); Board decision pending; direction to decide enquiry within 8 weeks; writ petition disposed; Articles 226 and 227 Constitution of India; service matter (S-R); retired Junior Engineer/Section Officer.

What did the court decide?

Direction to respondent Nos.1 and 2 to take a decision in the pending departmental enquiry proceedings, considering the petitioner's reply to the second show-cause notice, within 8 weeks; retirement benefits to be considered for payment depending on the order to be passed by the Board. The prayer for immediate release of pension and pensionary benefits with interest was not granted as such.

Why is it important?

Respondent Nos.1 and 2 are directed to take a decision in the pending departmental enquiry proceedings by considering the reply of the petitioner to the second show-cause notice, within a period of 8 weeks. ¶33

What the court decided

AI extract

Outcome

Direction to respondent Nos.1 and 2 to take a decision in the pending departmental enquiry proceedings, considering the petitioner's reply to the second show-cause notice, within 8 weeks; retirement benefits to be considered for payment depending on the order to be passed by the Board. The prayer for immediate release of pension and pensionary benefits with interest was not granted as such.

Issue for consideration

Whether respondent Nos.1 and 2 should be directed to release the petitioner's pension and pensionary benefits along with interest. +1 more

Ratio / Principle

Respondent Nos.1 and 2 are directed to take a decision in the pending departmental enquiry proceedings by considering the reply of the petitioner to the second show-cause notice, within a period of 8 weeks.

Key takeaways

The retirement benefits shall be considered for payment, depending on the order to be passed by the Board as directed.ratio¶34

Detailed headnote1 paragraphs

Service - Pension - Writ petition under Articles 226 and 227 of the Constitution of India by a retired Junior Engineer/Section Officer seeking release of full pension and pensionary benefits with interest. Respondents (Managing Director and Director (Admn), KPTCL) submitted that in a departmental enquiry conducted by Karnataka Lokayukta the charges were held proved, a second show-cause notice was issued on 17.04.2023 along with the enquiry report, and the petitioner had submitted his reply; the petitioner was also acquitted in the criminal proceedings pending against him; the Board was yet to take a decision in the departmental enquiry. HELD: Writ petition disposed of, directing respondent Nos.1 and 2 to take a decision in the pending departmental enquiry proceedings by considering the petitioner's reply to the second show-cause notice within 8 weeks; retirement benefits to be considered for payment depending on the order to be passed by the Board.

A

1 -

NC: 2025:KHC:4874 WP No. 1075 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE S.G.PANDIT

WRIT PETITION NO. 1075 OF 2025 (S-R)

BETWEEN:

C. VEERASIDDAIAH S/O LATE CHIKKASIDDAIAH AGED ABOUT 67 YEARS OCC: JUNIOR ENGINEER/ SECTION OFFICER (RETIRED) R/AT DEVARAYAPATNA NEW EXTENSION TUMAKURU - 572104.

…PETITIONER

(BY SRI. NATARAJ G., ADV.)

AND:

THE MANAGING DIRECTOR

Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA

KPTCL, CORPORATE OFFICE K R CIRCLE, CAUVERY BHAVAN BENGALURU - 560003.

THE DIRECTOR (ADMN) KPTCL, K R CIRCLE, CAUVERY BHAVAN BENGALURU - 560003.

…RESPONDENTS

(BY SMT. NAYANA TARA B.G., ADV. FOR R1 & R2)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO RELEASE FULL PENSION AND THE PENSIONARY BENEFITS OF THAT OF THE PETITIONER ALONG WITH

2 - NC: 2025:KHC:4874 WP No. 1075 of 2025

INTEREST FROM THE DATE OF ITS RESPECTIVE PAYMENT IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.G.PANDIT

ORAL ORDER

The petitioner is before this Court praying for a

direction to respondent Nos.1 and 2 to release the pension and pensionary benefits of the petitioner along with interest.

Learned counsel for respondent Nos.1 and 2 Smt.Nayanathara B.G. would submit that in the departmental enquiry conducted against the petitioner by Karnataka Lokayukta, the charges were held proved and second show-cause notice was issued to the petitioner on 17.04.2023 along with enquiry report and the petitioner has submitted his reply to the second show-cause notice.

Learned counsel for the petitioner would submit that,

in the meanwhile, the petitioner is also acquitted in the

3 - NC: 2025:KHC:4874 WP No. 1075 of 2025

criminal proceedings which was pending against the petitioner. It is further submitted that the Board is yet to take a decision in the departmental enquiry proceedings.

In the light of the above, the following order:

The respondent Nos.1 and 2 are directed to take a decision in the pending departmental enquiry proceedings by considering the reply of the petitioner to the second show-cause notice, within a period of 8 weeks from today.

The retirement benefits shall be considered for payment, depending on the order to be passed by the Board as directed.

With the above, the writ petition stands disposed of.

Sd/(S.G.PANDIT) JUDGE

List No.: 1 Sl No.: 54

MPK CT:bms

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether respondent Nos.1 and 2 should be directed to release the petitioner's pension and pensionary benefits along with interest.¶26
2.
Whether and within what time the pending departmental enquiry proceedings should be decided, and how the petitioner's retirement benefits are to be dealt with pending that decision.medium confidence¶33
The court held
Respondent Nos.1 and 2 are directed to take a decision in the pending departmental enquiry proceedings by considering the reply of the petitioner to the second show-cause notice, within a period of 8 weeks.ratio¶33

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticles 226 and 227¶19

Procedural history

How this case reached the court

AI extract

Prior proceeding
Departmental enquiry conducted against the petitioner by Karnataka Lokayukta; charges held proved; second show-cause notice issued on 17.04.2023 along with enquiry report; petitioner submitted his reply.¶27
Prior proceeding
Criminal proceedings were pending against the petitioner; petitioner has been acquitted therein.¶31
Prior proceeding
The Board is yet to take a decision in the departmental enquiry proceedings.¶31

Parties & counsel

AI extract

petitioner
C. VEERASIDDAIAH S/O LATE CHIKKASIDDAIAH¶9
Nataraj G.
respondent
The Managing Director, KPTCL¶13
Nayana Tara B.G.
respondent
The Director (Admn), KPTCL¶16
Nayana Tara B.G.

Coram

AI extract

S.G.PANDITauthor¶23

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 3 Feb 2025 · February
Registered: 17 Jan 2025
Case no.: WP/1075/2025
CNR: KAHC010011742025
Topic: Writ and Judicial Review
Bench: S.g.pandit
Disposal: DISPOSED
Case type: WRIT PETITION NO. 1075 OF 2025 (S-R)

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Cite this judgement

C Veerasiddaiah v. the Managing Director, WP/1075/2025 (KA), decided on 3 February 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticles 226 and 227

View all statutes

Procedural history3

Departmental enquiry conducted against the petitioner by Karnataka Lokayukta; charges held proved; second show-cause notice issued on 17.04.2023 along with enquiry report; petitioner submitted his reply.
Criminal proceedings were pending against the petitioner; petitioner has been acquitted therein.

View full history

Bench / Coram

S.G.PANDIT

Parties & counsel