Sri Timmareddy Vs the Karnataka Power Corporation… — Writ and Judicial Review | Karnataka HC (2025)

Sri Timmareddy Vs the Karnataka Power Corporation… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both impugned orders - the suspension dated 16.01.2019 (Annexure-A) and the transfer dated 21.06.2019 (Annexure-C) - are set aside; the respondent is at liberty to post or repost the petitioner at the appropriate place.

Issue for consideration

Whether the order of suspension dated 16.01.2019 (No.A1 P2 D/4876, Annexure-A) passed by the respondent should be quashed (W.P.No.18655/2019). +1 more

Court's answer

W.P.No.18655/2019 (challenging the suspension dated 16.01.2019) is allowed and the impugned order is set aside, in view of the submission that the enquiry found the charges not proved, the Disciplinary Authority accepted that report, and the substratum for the suspension no longer exists.

Ratio / Principle

W.P.No.29029/2019 (challenging the transfer dated 21.06.2019) is allowed and the impugned order is set aside, on the same basis that the substratum for the transfer no longer exists.

Key takeaways

The respondent is at liberty to take necessary action to post or repost the petitioner at the appropriate place.obiter¶29-30

Detailed headnote1 paragraphs

Oral order of the High Court of Karnataka at Bengaluru (Hon'ble Mr Justice R. Nataraj), dated 25.03.2025, allowing two writ petitions filed under Article 226 of the Constitution of India by an Executive Engineer (Mechanical) of the Karnataka Power Corporation Ltd., Shaktinagar. In W.P.No.18655/2019 he challenged his suspension dated 16.01.2019 (No.A1 P2 D/4876, Annexure-A); in W.P.No.29029/2019 he challenged the order dated 21.06.2019 (No.2A1 P2 D/1226, Annexure-C) reinstating and transferring him as Executive Engineer (Gates)/Chief Engineer (Operation and Maintenance), Sharavathi, so as to complete the departmental enquiry. At the preliminary hearing the respondent filed a memo enclosing the enquiry report, wherein the Enquiry Officer had held the charges not proved and which the Disciplinary Authority had accepted, and contended that the substratum for the suspension and transfer no longer existed. Accepting that submission, the court allowed both petitions, set aside both impugned orders, and left the respondent at liberty to post or repost the petitioner at an appropriate place. No precedents were cited.

1 - NC: 2025:KHC:12553 WP No. 29029 of 2019 C/W WP No. 18655 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 29029 OF 2019 (S-TR) C/W WRIT PETITION NO. 18655 OF 2019 (S-DIS)

BETWEEN:

SRI. TIMMAREDDY S/O LATE TIMMAPPA AGED 52 YEARS WORKING AS EXECUTIVE ENGINEER (MECHANICAL) OFFICE OF THE EXECUTIVE ENGINEER (ASH HANDLING PLANT-1) RAICHUR THIRMAL POWER STATION KARNATAKA POWER CORPORATION LTD., SHAKTINAGAR-584170 TALUK AND DIST: RAICHUR

…PETITIONER (COMMON)

(BY SRI. C. JAGADISH, ADVOCATE)

AND:

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

THE KARNATAKA POWER CORPORATION LIMITED NO.82, RACE COURSE ROAD, SHAKTI BHAVAN, BENGALURU-560 001 REPRESENTED BY ITS MANAGING DIRECTOR

…RESPONDENT (COMMON)

(BY SMT. ASHWINI PATIL, ADVOCATE)

IN WP No. 29029/2019:

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF

2 - NC: 2025:KHC:12553 WP No. 29029 of 2019 C/W WP No. 18655 of 2019

TRANSFER DATED 21.06.2019 BEARING NO.2A1 P2 D/1226 PASSED BY THE RESPONDENT PRODUCED AT ANNEXURE-C AND ETC.

IN WP NO. 18655/2019:

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF SUSPENSION DATED 16.01.2019 BEARING NO.A1 P2 D/4876 PASSED BY THE RESPONDENT PRODUCED AT ANNEXURE-A AND ETC.

THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE R. NATARAJ

ORAL ORDER

W.P.No.18655/2019 is filed challenging an order dated 16.01.2019, passed by the respondent, suspending the petitioner from service. W.P.No.29029/2019 is filed challenging an order dated 21.06.2019 by which, the petitioner was reinstated with the service and transferred as an Executive Engineer (Gates)/Chief Engineer (Operation and Maintenance), Sharavathi, so as to complete the departmental enquiry against him.

When this petition was listed for preliminary hearing in 'B' group, the learned counsel for the respondent has filed a memo and enclosed therewith, a copy of the report of the

3 - NC: 2025:KHC:12553 WP No. 29029 of 2019 C/W WP No. 18655 of 2019

enquiry where the Enquiry Officer had held that the charges against the petitioner were not proved which was accepted by Disciplinary Authority. The respondent therefore contended that the substratum for suspending the petitioner and transferring him no longer exists.

In view of the aforesaid submission, both the writ petitions are allowed and the impugned orders in both the writ petitions are set aside.

The respondent is at liberty to take necessary

action to post or repost the petitioner at the appropriate place.

Sd/(R. NATARAJ)

JUDGE

BKN

List No.: 1 Sl No.: 34