D. BASAVARAJA v. KARNATAKA POWER
Case at a glance
Outcome
Disposed of
petition stands disposed of in terms as aforesaid
Provisions considered
- Constitution of India art. 226
Judgment
(BY SRI. KARUMBAIAH T.A..,ADVOCATE) AND: …PETITIONER
KARNATAKA POWER CORPORATION LTD., SHAKTHI BHAVAN, RACE COURSE ROAD BANGALORE - 560001 BY ITS MANAGING DIRECTOR/ DISCIPLINARY OFFICER.
THE EXECUTIVE ENGINEER (ELECTRICAL) MGHE, KARNATAKA POWER Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:22853 WP No. 16155 of 2024 CORPORATION LIMITED, MAHATHMA GANDHI HYDRAULIC JOGFALLS, SHIMOGGA DISTRICT.
THE ASSISTANT GENERAL MANAGER (M AND O) BELLARY POWER CORPORATION ELECTRICAL CENTRE, KUDATHINI BELLARY DISTRICT - 583152.
THE ENQUIRY OFFICER BELLARY POWER CORPORATION ELECTRICAL CENTRE KUDATHINI, BELLARY - 583152.
RAMESH CHALAVADI, WARD NO.14 DARGA VONI, SANDURU BELLARY DISTRICT - 583152. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-K THE ENQUIRY REPORT SUBMITTED BY THE 4TH RESPONDENT TO TILL 2ND RESPONDENT DATED 13/05/2024 IN PROCEEDINGS E¯ÁSÁ «ZÁgÀuÉ ¸ÀASÉå CC(«) JA.f.ºÉZï.E. ²¸ÀÄÛPÀæªÀÄ 220 DATED 06.09.2023 AND ALSO ALL THE FURTHER PROCEEDINGS. ii) DIRECT THE 2ND, 3RD RESPONDENTS TO PERMIT THE PETITIONER TO CONTINUE HIS SERVICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2024:KHC:22853 WP No. 16155 of 2024 ORDER The petitioner has filed this petition impugning the Show Cause Notice dated 03.06.2024 [Annexure- M] issued by the Disciplinary Authority giving an opportunity to the petitioner to show cause against the outcome in the enquiry proceedings stipulating that if cause is not shown, the appropriate decision will be taken in the matter. It is undisputed that the petitioner has responded to such show cause notice by reply dated 11.06.2024 [Annexure-N].
2. Sri T A Karumbaiah, the learned counsel for the petitioner, submits that this Court must interfere with the Enquiry Report because the Enquiry Officer has filed his Report without considering the documentary evidence submitted by the petitioner to justify that he hails from a family that has lost land and is given appointment under a scheme because of the same but the proceedings - 4 - NC: 2024:KHC:22853 WP No. 16155 of 2024 have been initiated at the instance of a stranger who demanded money, and that too after twelve years.
3. This Court must opine that these are circumstances that will have to be considered by the Disciplinary Authority and would not be a ground for interference when the Disciplinary Authority is yet to take a decision on the afore. Therefore, there is no reason for interference. At this stage, Sri T A Karumbaiah submits that the petitioner apprehends that, given the Reply as per Annexure-N dated
11.06.2024, the Disciplinary Authority may take a decision in haste to the petitioner's detriment.
Operative part
4. The petitioner must have reasonable opportunity to file a detailed response, if his response is either perfunctory or not detailed enough. As such, this Court must observe that if the petitioner prefers to file a detailed response, he must be at liberty and he should exercise this liberty within two weeks from today and until then the Disciplinary Authority must - 5 - NC: 2024:KHC:22853 WP No. 16155 of 2024 not take any precipitative action. As such, the petition stands disposed of in terms as aforesaid. SD/- JUDGE AN/-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition stands disposed of in terms as aforesaid
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Karnataka High Court, on 13 May 2024. The bench was B M SHYAM PRASAD.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.