Karnataka High Court
The Managing Director vs Sri Rohit Komkar on 9 November, 2020
Bench: B.V.Nagarathna, N S Sanjay Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2020
PRESENT
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.A.No.261/2020 C/W C.C.C.No.1153/2019
W.A.No.114/2020, W.A.No.115/2020, W.A.No.128/2020,
W.A.No.129/2020, W.A.No.130/2020, W.A.No.131/2020,
W.A.No.132/2020,W.A.No.133/2020,W.A.No.134/2020,
W.A.No.135/2020,W.A.No.136/2020, W.A.No.137/2020,
W.A.No.138/2020, W.A.No.149/2020, W.A.No.155/2020,
W.A.No.159/2020, W.A.No.160/2020, W.A.No.172/2020,
W.A.No.173/2020, W.A.No.389/2020
In W.A.No.261/2020
BETWEEN:
1. The Managing Director,
Bengaluru Electricity Supply
Company Ltd., (BESCOM);
K.R.Circle, Bengaluru - 560 001.
2. The Executive Engineer (Electrical)
Bengaluru Electricity Supply
Company Ltd.,(BESCOM);
O & M Jayanagara Division,
Banashankari II Stage;
Bengaluru - 560 070. ... Appellants
(By Sri. Sanjeev B.L, Advocate)
2
AND:
1. Sri. RohitKomkar, Son of Sri. Ashok,
Aged about 25 years,
R/at No.123/1, 4th Main Road,
6th Cross, Govindarajanagar,
Bengaluru - 560 040.
2. The Commissioner,
Department of Employment of Training,
Koushalya Bhavan,
Dairy Circle, Bannerghatta Road,
Bengaluru - 560 029. ... Respondents
(By Sri. H.C.Shivaramu, Advocate for R-1,
Sri. A.C.Balaraj AGA for R-2)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated:17/02/2020 passed by the learned Single Judge in
W.P.No.30003/2019 (S-RES) and consequently dismiss
the said petition.
In C.C.C.No.1153/2019
BETWEEN:
Shivappa B.Hakari,
Son of Bhimappa,
Aged about 28 years,
Was working as Assistant Lineman,
South No.1 Sub-Division,
K.V.Layout, BESCOM,
Bengaluru -560 070.
... Complainant
(By Sri.Raghavendrachar M, Advocate)
3
AND:
1. Selvikumar,
The General Manager,
ADM & HRD, KPTCL,
Corporate Office,
Bengaluru - 560 009.
2. Krishna,
The Executive Engineer (Elecl)
O & M, Jayanagara Division,
Banashankari II Stage,
Bengaluru - 560 070. ... Accused
This CCC is filed under Section 11 & 12 of the
contempt of Courts Act, 1971, by the complainant,
wherein he prays that the Hon'ble High Court be pleased
to initiate contempt of Court Proceedings against the
Respondents for intentional, willful disobedience of the
order of this Hon'ble Court passed in
W.P.No.46307/2018 dated and punish the respondents
in accordance with the contempt of Courts Act of 1971
and issue such other directions as deems fit in
circumstances of the case and award cost of the petition.
In W.A.No.114/2020
BETWEEN:
The Executive Engineer, (Electrical),
Bengaluru Electricity Supply,
Company Ltd.,(BESCOM);
O & M Jayanagara Division,
Banashankari II Stage,
Bengaluru - 560 070. ... Appellant
(By Sri. Sanjeev B.L, Advocate)
4
AND:
1. Sri. Shivappa B.Hakari,
Son of Bhimappa, Aged about 29 years,
Working as Assistant Lineman,
South No.1 Sub-Division,
K.V.Layout, BESCOM,
Bengaluru - 560 070.
2. The General Manager (ADMN/HRD)
Karnataka Power Transmission
Corporation Limited,(KPTCL),
Corporate Office,
Bengaluru - 560 009. ... Respondents
(By Sri. H.C.Shivaramu, Advocate for R-1,
Sri. Tushar Vadavadagi for Smt. Rashmi Jadhav,
Advocate for R-2)
This appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the order
dated 19/06/2019 passed by the learned Single Judge in
WP.No.46307/2018 (S-DIS) and consequently dismiss
the said Writ Petition, in the interest of justice and
equity.
In W.A.No.115/2020
BETWEEN:
The Executive Engineer,(Electrical),
Bengaluru Electricity Supply,
Company Limited, (BESCOM),
O & M Jayanagara Division,
Banashankari II Stage,
Bengalauru - 560 070. ... Appellant
(By Sri. Sanjeev B.L., Advocate)
5
AND:
1. Sri. Wazeed Nadaf,
Son of Appalal,
Aged about 25 years,
Working as Assistant Lineman,
South No.1 Sub-Division,
K.V.Layout, BESCOM,
Bengaluru - 560 070.
2. The General Manager/(ADMN/HRD)
Karnataka Power Transmission
Corporation Limited,(KPTCL)
Corporation Office,
Bengaluru - 560 070. ... Respondents
(By Sri. K.Srinivasa, Advocate for Respondent No.1,
Sri. Tushar Vadavadagi for Smt.Rashmi Jadhav,
Advocate for Respondent-2)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 04/07/2019 passed by the learned Single Judge in
WP No.46308/2018 (S-DIS) and consequently dismiss
the said writ petition, in the interest of justice and
equity.
In W.A.No.128/2020
BETWEEN:
1. The General Manager,(ADM & HRD)
Corporate Office,
Bangalore Electricity Supply
Company Limited,(BESCOM);
KR Circle, Bengaluru - 560 001.
6
2. The Chief Engineer(E),
ADM, Operation & Maintenance Division,
Bengaluru Electricity Supply,
Company Limited,(BESCOM),
Chitradurga - 577 501.
Appellant-2 is Represented by
Appellant-1.
3. The Executive Engineer(E),
Bengaluru Electricity Supply,
Company Limited,(BESCOM),
Chitradurga - 577 523. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
AND:
Sri. Raju Doddannavar,
Son of ThirakappaDoddannavar,
Aged about 29 years,
Residing of Karjagi,
Haveri Taluk and District - 581 112.
... Respondent
(Respondent is served and unrepresented)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 08/01/2020 passed by the learned Single Judge in
WP No.51892/2019 (S-DIS) and consequently dismiss
the said writ petition.
In W.A.No.129/2020
BETWEEN:
The Executive Engineer,(Electrical),
Bengaluru Electricity Supply,
7
Company Limited,(BESCOM),
VA,COM-PA Division,
Davanagere - 577 001. ... Appellant
(By Sri. Sanjeev B.L, Advocate)
AND:
1. Sri. SaibannaBhavimani,
Son of ParasappaBhavimani,
Aged about 33 years,
Was Working as Assistant Lineman,
BESCOM,
SantebennurDivision,
Santebennur Sub-Division,
Davanagere - 577 007.
Permanent Address:
Post Taluk Indi, Atharga,
Bijapur - 586 112.
2. The General Manager/(ADMN/HRD)
Karnataka Power Transmission
Corporation Limited,(KPTCL)
Corporate Office, Bengaluru - 560 001.
... Respondents
(By Sri. H.C.Shivaramu, Advocate for Respondent No.1,
Sri. Tushar Vadavadagi for Smt. Rashmi Jadhav,
Advocate for Respondent No.2)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 07/01/2020 passed by the learned Single Judge in
WP No.33150/2019 (S-DIS) and consequently dismiss
the said writ petition.
8
In W.A.No.130/2020
BETWEEN:
1. The Managing Director,
Bengaluru Electricity Supply,
Company Limited, (BESCOM)
Corporate Office, K.R.Circle,
Bengaluru - 560 001.
2. The Executive Engineer,
Bengaluru Electricity Supply
Company Limited,(BESCOM),
Hiriyuru Division,
Hiriyuru - 577 598.
3. The Executive Engineer(E),
Bengaluru Electricity Supply,
Company Limited,(BESCOM)
Davanagere Division,
Davanagere - 577 002. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
AND:
1. Sri. Sunil S Pattenavar,
Son of Subhash,
Aged about 25 years,
Residing of 1st Main Road,
II Cross, Rajajinagar,
Bengaluru - 560 010.
2. Sri. ShivanandBandiwaddar,
Son of Bhimasi, Aged about 25 years,
Residing at No.1, 1st Main Road,
IInd Cross, Rajajinagar,
Bengaluru - 560 010.
9
3. Sri. MaliyappaTalawar,
Son of Hanamawa,
Aged about 26 years,
Residing at No.143/3, 3rd Main Road,
6th Cross, Thimmenahalli,
Bengaluru - 560 040.
4. Sri Ramesh Bondre,
Son of ShankarappaBondre,
Aged about 31 years,
Residing at No.123/1, Ground Floor,
4th Main Road, 6th Cross,
Govindarajanagar, Magadi Road,
Bengaluru - 560 040. ... Respondents
(By Sri. H.Sunil Kumar, Advocate for R-1 to 4)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the Order
dated 08/01/2020 passed by the learned Single Judge in
WP.No.30947/2019 (S-RES) and consequently dismiss
the said writ petitions.
In W.A.No.131/2020
BETWEEN:
1. The General Manager,
ADM & HRD, BESCOM,
Corporate Office, Bengaluru - 560 001.
2. The Executive Engineer,
(Electrical),
Hiriyuru Division, (BESCOM), Hiriyuru,
Chitradurga District - 577 598. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
10
AND:
Sri Gopalakrishna,
Son of Yellappa,
Aged about 37 years,
was working as Assistant Lineman,
Nalavathwadi at Post,
Muddebihal Taluk,
Vijayapur Distirct - 586 124. ... Respondent
(By Sri. K.Srinivasa, Advocate)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated:08/01/2020 passed by the learned Single Judge in
WP No.34578/2019 (S-DIS) and consequently dismiss
the said writ petition.
In W.A.No.132/2020
BETWEEN:
1. The General Manager,(ADM & HRD)
Corporate Office,
Bengaluru Electricity Supply,
Company Limited,(BESCOM),
KR Circle, Bengaluru - 560 001.
2. The Chief Engineer (E), ADM,
Operation & Maintenance Division,
Bengaluru Electricity Supply,
Company Limited, (BESCOM),
Chitradurga - 577 501.
3. The Executive Engineer(E),
Bengaluru Electricity Supply,
Company Ltd, (Bescom),
Chitradurga - 577 531.
11
Appellant Nos.2 & 3 are Represented
By Appellant No.1. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
AND:
Sri Prakash Honnammanavar,
Son of KuruvatteppaHonnammanavar,
Aged about 28 years,
R/o No.609, Mehabubnagar,
Haveri Taluk & District-581 108. ... Respondent
(Respondent is served and unrepresented)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 08/01/2020 passed by the learned Single Judge in
WP No.51077/2019 (S-DIS) and consequently dismiss
the said writ petition.
In W.A.No.133/2020
BETWEEN:
The Executive Engineer (V)
KA & PA Division
Bengaluru Electricity Supply
Company Limited,(BESCOM),
Harihara - 577 601.
KA & PA also known as O & M ... Appellant
(By Sri. Sanjeev B.L., Advocate)
AND:
1. Sri.ShivanappaHuggi,
Son of Virupakshappa,
12
Aged about 35 years,
Assistant Lineman,
BESCOM Division-3,
Harihara - 577 601;
Permanent resident of Masuti Post,
Balavatti, Bijapur - 586 213.
2. Sri Somappa P. Phayatann,
Son of PavadeppaPhayatann,
Aged about 35 years,
Assistant Lineman,
BESCOM, Division-2,
Harihara - 577 601;
Permanent resident of
SangolliRayanna Nagar,
BasavanBagewadi,
Bijapur - 586 203.
3. Sri. Amoghasiddayya, S/o Odeyar,
Aged about 34 years,
Assistant Lineman,
BESCOM, Bennehalli Division,
Harappanahalli,
Harappanahalli - 583 131,
Permanent resident of Ivanagi
Road Totada Mane, BasavanBagewadi,
Bijapur - 586 203.
4. The General Manager/(ADMN/HRD)
Karnataka Power Transmission
Corporation Limited (KPTCL),
Corporate Office, Bengaluru - 560 009.
... Respondents
(By M/s.Bajentri Associates, Advocate for R-1 to 3,
Sri. Tushar Vadavadagi for Smt.Rashmi Jadhav,
Advocate for R-4)
13
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated: 10/01/2020 passed by the learned Single Judge
in WP No.41001/2019 (S-DIS) and consequently dismiss
the said writ petitions.
In W.A.No.134/2020
BETWEEN:
1. The General Manager,(ADM & HRD)
Corporate office,
Bengaluru Electricity Supply,
Company Ltd., (BESCOM),
Corporate Office, Bengaluru - 560 001.
2. The Executive Engineer (E),
Bengaluru Electricity Supply
Company Limited, (BESCOM),
Harihara Division,
Davanagere - 577 601. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
AND:
Sri. BasavarajaBastal,
Son of Ramanna,
Aged about 33 years,
Was working as Assistant Lineman,
SangolliRayanna Nagar;
Basavanabagewadi,
Vijayapura District - 586 203. ... Respondent
(By Sri. M.Raghavendrachar, Advocate)
14
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 08/01/2020 passed by the learned Single Judge in
WP.No.35096/2019 (S-DIS) and consequently dismiss
the said writ petition.
In W.A.No.135/2020
BETWEEN:
The Executive Engineer(V)
KA & PA Division
Bengaluru Electricity Supply,
Company Limited, (BESCOM)
Harihara - 577 601. ... Appellant
(By Sri. Sanjeev B.L., Advocate)
AND:
1. Sri. ManjunathBeerappaDalawai,
Son of BeerappaDalwai,
Aged about 35 years,
Assistant Lineman,
BESCOM DIVISION
Mallbennuru,
Harihara - 577 601,
Permanent resident of
Bevinamatti, Bagalkot - 587 111.
2. Sri. DharmappaTalawar,
Son of Holeyappa,
Aged about 34 years,
Assistant Lineman,
BESCOM, Bellutti Division,
Harihara - 577 601,
Permanent resident of Itagi Post,
Gadag - 582 211.
15
3. Sri. BeerappaRangappaDalawai,
Son of Rangappa,
Aged about 34 years,
Assistant Lineman,
BESCOM, Bellutti Division,
Harihara - 577 601,
Permanent resident of
Bevinamatti Post, Bagalkot - 587 111.
4. The General Manager/(ADMN/HRD)
Karnataka Power Transmission
Corporation Limited (KPTCL)
Corporate Office,
Bengaluru -560 009. ... Respondents
(By M/s Bajentri Associates, Advocate R-1 to R-3,
Sri. Tushar Vadavadagi for smt.Rashmi Jadhav,
Advocate for R-4)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 10/01/2020 passed by the learned Single Judge in
WP No.41706/2019 (S-DIS) and consequently dismiss
the said writ petitions.
In W.A.No.136/2020
BETWEEN:
The Executive Engineer(V)
KA & PA Division
Bengaluru Electricity Supply,
Company Limited, (BESCOM)
Harihara - 577 601.
KA & PA Division is also known as
O & M Division. ... Appellant
(By Sri. Sanjeev B.L., Advocate)
16
AND:
1. Sri. Basappa Hullannavar,
Son of Hanamappa,
Aged about 36 years,
Assistant Lineman,
BESCOM, Malechanuru,
Harihara - 577 601.
Permanent resident of
Bevanamatti, Haveli,
Bevanamatti, Bagalkot - 587 111
2. Sri. Ramappa BhimappaKaradi,
Son of BhimappaKaradi,
Aged about 36 years,
Assistant Lineman,
BESCOM, Division-3,
Harihara - 577 601.
Permanent resident of
Bevinamatti, Bagalkot - 587 111.
3. Sri. ManjunathTalagade,
Son of Basappa,
Aged about 31 years,
Assistant Lineman,
BESCOM, Division-3,
Harihara - 577 601.
Permanent resident of
Shirol Post, Naragund Taluk,
Gadag- 582 207.
4. Sri. Shivanagoud P.Goudar,
Son of ParasappaGoudar,
Aged about 32 years,
Assistant Lineman,
BESCOM, Beloodi Division,
Harihara - 577 601;
Permanent resident of Bevinamatti,
Bagalkot - 577 601.
17
5. The General Manager/(ADMN/HRD)
Karnataka Power Transmission
Corporation Limited,(KPTCL)
Corporate Office, Bengaluru - 560 009.
... Respondents
(By M/s Bajentri Associates, Advocate for R-1 to R-4,
Sri. Tushar Vadavadagi for Smt.Rashmi Jadhav,
Advocate for R-5)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 10/01/2020 passed by the learned Single Judge in
WP. No.41004/2019 (S-DIS) and consequently dismiss
the said writ petitions.
In W.A.No.137/2020
BETWEEN:
1. The Executive Engineer(El),
KA & PA Division,
Bengaluru Electricity Supply,
Company Limited,(BESCOM),
Harihara - 577 601.
2. The Executive Engineer (El),
BESCOM,
Chitradurga -577 601. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
AND:
1. Sri. Johan Girani,
Son of Parashuram,
Aged about 26 years,
Assistant Lineman,
18
BESCOM, DIVISION-2,
Honnahalli Sub-Division,
Harihara - 577 601.
Permanent resident of
Katapur, Pattadakall, Badami,
Bagalkote - 587 201.
2. Sri. Vijayakumar M. Chawan,
Son of MalakappaChawan,
Aged about 29 years,
Assistant Lineman,
BESCOM, Maladihalli,
Holalakere Sub-Division,
Chitradurga - 577 501.
Permanent resident of
C/o MalakappaChawan,
Muddebihal Taluk, Koppal
Hullur, Bijapur - 586 213.
3. Sri. VittalaLamani,
Son of Shankarappa,
Aged about 31 years,
Assistant Lineman,
BESCOM, Maladihalli,
Holalkere Sub-Division,
Chitradurga - 577 501.
Permanent resident of Hulluru,
Koppa, Hulluru, Bijapur - 586 213.
4. The General Manager/(ADMN/HRD)
Karnataka Power Transmission
Corporation Limited(KPTCL)
Corporate Office,
Bengaluru - 560 009. ... Respondents
19
(By Sri. Javeed S., Advocate for R-1 to 3,
Sri. Tushar Vadavadagi for Smt. Rashmi Jadhav,
Advocate for R-4)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 10/01/2020 passed by the learned Single Judge in
WP.No.38900/2019 (S-DIS) and consequently dismiss
the said writ petitions.
In W.A.No.138/2020
BETWEEN:
1. The General Manager,
ADM & HRD, BESCOM
Corporate Office,
Bengaluru - 560 001.
2. The Executive Engineer,
(Electrical),
Bengaluru Electricity Supply,
Company Limited (BESCOM),
Harihara Division,
Davanagere - 577 601. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
AND:
Sri. ShrishailSampannavar,
Son of Mahadevappa,
Aged about 31 years,
was working as Assistant Lineman,
GanapathiChowk,
Vijayapura, Vijayapura District-586 203.
... Respondent
(By Sri. M.Raghavendrachar, Advocate)
20
This appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the order
dated 08/01/2020 passed by the learned Single Judge in
WP No.35095/2019 (S-RES) and consequently dismiss
the said petition, in the interest of justice and equity.
In W.A.No.149/2020
BETWEEN:
1. The Executive Engineer,
Commercial Operation &
Maintenance Division,
Bengaluru Electricity Supply,
Company Limited, (BESCOM),
Hiriyuru - 577 598.
2. The Section Officer,
BESCOM, Hariyabbe,
Hiriyuru Taluk,
Chitradurga District - 577 546. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
AND:
1. Sri Ramappa Hanchinal,
Son of Hanamappa Hanchinal,
Aged about 34 years,
Was working as Assistant Lineman,
At Hariyabbe O & M Section,
BESCOM,
Sub-Division & Division Hiriyuru;
Chitradurga District Pin -577 0546
And Now Residing at Malghan
Basavana Begewadi Taluk,
Vijayapura District - 586 121.
21
2. The State of Karnataka
Represented by its Principal Secretary,
Ministry of Skill Development,
And Entrepreneurship Department,
Vikasa Soudha, Bengaluru - 560 001.
... Respondents
(By Sri. H.G.Lagali, Advocate for R-1,
Sri. A.C.Balaraj, AGA for R-2)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 10/01/2020 passed by the learned Single Judge in
WP.No.29841/2018 (S-RES) and consequently dismiss
the said writ petition.
In W.A.No.155/2020
BETWEEN:
1. The General Manager,
(ADM & HRD) Corporate office,
Bengaluru Electricity Supply
Company Limited,(BESCOM),
K.R.Circle, Bengaluru -560 001.
2. The Chief Engineer (E),
ADM, Operation & Maintenance Division,
Bengaluru Electricity Supply,
Company Limited, Chitradurga - 577 501.
Appellant No.1 and 2 are represented by
Dr. M Mahesh GM(A & HR)
3. The Executive Engineer (E)
(Bengaluru Electricity Supply
Company Limited)
Chitradurga - 577 531. ... Appellants
(By Sri. Sanjeev B.L, Advocate)
22
AND:
Veerayya Puranikamath,
S/o Rachayya Puranikamath,
Aged about 30 years,
R/at Karjagi, Haveri Taluk,
& District - 571 112. ... Respondent
(Respondent is served and unrepresented)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 08/01/2020 passed by the learned Single Judge in
WP.No.51429/2019 (S-DIS) and consequently dismiss
the said writ petition.
In W.A.No.159/2020
BETWEEN:
1. The Managing Director,
Bengaluru Electricity Supply,
Company Limited,(BESCOM),
Corporate office, K.R.Circle,
Bengaluru - 560 001.
Represented by its Managing Director.
2. The Executive Engineer (Electrical)
Bengaluru Electricity Supply
Company Limited, (BESCOM),
Chandapura Division,
Chandapura - 560 099. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
AND:
1. Sri. Siddappa Jalihal,
Son of Sharanappa Jalihal,
23
Aged about 29 years,
Working as Assistant Lineman,
BESCOM, Chandapura Sub-Division
Chandapura, Bengaluru - 560 099.
R/o Nagendragad Village,
Ron Taluk, Gadag - 582 211.
2. Sri. Basavaraj Jalihal,
S/o Shivalingappa Jalihal,
Aged about 34 years,
Working as Assistant Lineman,
BESCOM, Attibele Sub-Division,
Chandapura, Bengaluru - 560 099.
R/o Hosahalli Village,
Ron Taluk, Gadag - 582 209.
3. Sri. Mutturaj Hunagunda,
S/o Ningappa Hunagund,
Aged about 26 years,
Working as Assistant Lineman,
BESCOM, Attibele Sub-Division,
Chandapura, Bengaluru - 560 099.
R/o Amingad, Hunagunda Taluk,
Bagalkote - 587 112.
4. Sri. Sangappa.S.Telagade,
Son of Shrishaila Telagade,
Aged about 26 years,
Working as Assistant Lineman,
BESCOM, Chandapura Sub-Division,
Chandapura, Bengaluru - 560 099.
R/o BenalVillage, Basavanabagewadi,
Bijapur - 586 201.
5. Sri. Ravikumar Nagai,
S/o Bhimsaha Nagai,
Aged about 35 years,
Working as Assistant Lineman
24
BESCOM, Chandapura Sub-Division,
Chandapura, Bengaluru - 560 099.
R/o Hanchanahal, Jevargi Taluk,
Gulbarga - 585 212.
6. State of Karnataka,
Represented by its Secretary.
Department of Employment & Training,
Government of Karnataka,
Vidhana Soudha, Dr. Ambedkar Veedhi,
Bengaluru - 560 001.
7. Commissioner,
Directorate of Employment & Training,
Government of Karnataka,
Kaushalya Bhavana,
Dairy circle, Bannerghatta Road,
Bengaluru - 560 029. ... Respondents
(By Sri. Krishna S Vyas, Advocate for R-1 & R-2,
Sri. Vikas R and Sri.K.B.Onkar, Advocate for R-3 to R-5,
Sri. A.C.Balaraj, AGA for R-6 & R-7)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 18/07/2019 passed by the learned Single Judge in
WP.Nos.44256-44260/2018 (S-DIS) and consequently
dismiss the said writ petitions.
In W.A.No.160/2020
BETWEEN:
1. The Managing Director,
Bangalore Electricity Supply,
Company Limited,(BESCOM),
K.R.Circle, Bengaluru - 560 001.
25
2. The Executive Engineer,
BESCOM, Hiriyur Division,
Hiriyur - 577 598.
3. The Executive Engineer,
BESCOM, Davanagere Division,
Davanagere - 577 002.
4. The Executive Engineer,
BESCOM, Chitradurga Division,
Chitradurga - 577 598. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
AND:
1. Sri. Pradeep Kumar B.R.
S/o Rudraswamy B.P.
Aged about 35 years,
Residing at No.123/1, 4th Main Road,
6th Cross, Govindarajanagar,
Bengaluru - 560 040.
2. Sri. Rahit Rajput,
S/o Keshav, Aged about 32 years,
R/at No.123/1, 4th Main Road,
6th Cross, Govindarajanagar,
Bengaluru - 560 040.
3. Sri. Revappa Shasappa Biradar,
S/o Shasappa, Aged about 27 years,
R/at No.123/1, 4th Main Road,
6th cross, Govindarajanagar,
Bengaluru - 560 040.
4. Sri Parsharam Patrot,
S/o Ramanna Patrot,
Aged about 26 years,
26
R/at No.11/7, Ground Floor,
6th Cross, Govindarajanagar,
Bengaluru - 560 040. ... Respondents
(By Sri. H. Sunil Kumar, Advocate for R-1 to R-4)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 08/01/2020 passed by the learned Single Judge in
WP No.30953/2019 (S-RES) and Consequently dismiss
the said writ petition.
In W.A.No.172/2020
BETWEEN:
The Executive Engineer (Electrical),
Bengaluru Electricity Supply
Company Limited, (BESCOM),
O & M Jayanagara Division,
Banashankari II Stage,
Bengaluru - 560 070. ... Appellant
(By Sri. Sanjeev B.L., Advocate)
AND:
1. Sri. Malingaraiya Bhasagi,
S/o Basappa,
Aged about 28 years,
Was working as Assistant Lineman,
South 2 Sub-Division, BESCOM,
Jayanagara, Bengaluru - 560 041.
Permanent Address:
Shivajigalli, Ambabhavani Gudi,
Bijapura - 586 203.
27
2. Sri. Basavaraj Thippagowda,
S/o Shivappa, Aged about 29 years,
Was working as Assistant Lineman,
South 1 Sub-Division, BESCOM,
Jayanagara, Bengaluru - 560 041.
Permanent Address: Chikalaki Taluk,
Jamakhandi, Bagalkotte - 586 113.
3. The General Manager/ ADM & HRD,
Karnataka Power Transmission
Corporation Limited (KPTCL),
Corporate Office, Bengaluru - 560 009.
... Respondents
(By Sri. H.C.Shivaramu, Advocate for R-1,
Sri M.Raghavendrachar, Advocate for R-2,
Sri. Tushar Vadavadagi for Smt. Rashmi Jadhav,
Advocate for R-3)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated 26/04/2019 passed by the learned single Judge in
WP Nos.47431-432/2018 (S-DIS) and Consequently
Dismiss the said writ petition.
In W.A.No.173/2020
BETWEEN:
1. The Executive Engineer, (Electrical),
Bengaluru Electricity Supply
Company Limited, (BESCOM),
O & M Jayanagara Division,
Banashankari II Stage,
Bengaluru - 560 070
Now Represented by G.M.
28
2. The Executive Engineer(Electrical),
Bengaluru Electricity Supply
Company Limited (BESCOM),
VA,COM & PA Division,
Davanagere - 577 002. ... Appellants
(By Sri. Sanjeev B.L., Advocate)
AND:
1. Sri. Ananda Kulali, S/o Mallappa,
Aged about 33 years,
Was working as Assistant Lineman,
South No.2 Sub-Division,
BESCOM, Jayanagara, Bengaluru - 560 041.
2. Sri Revanasidd Havannavar,
Aged about 27 years,
Was working as Assistant Lineman,
South No.1 Sub-Division,
BESCOM, Jayanagara,
Bengaluru - 560 041.
3. Sri. Mallikarjuna Awati,
Son of Shivappa,
Aged about 33 years,
Was working as Assistant Lineman,
BESCOM, Tyavangi Division,
Santebennuru Sub-Division,
Davanagere - 577 002.
4. The General Manager/ADM & HRD
Karnataka Power Transmission,
Corporation Ltd.,(KPTCL),
Corporate Office,
Benglauru - 560 009. ... Respondents
(By Sri. H.C.Shivaramu, Advocate for R-1 to 3,
29
Sri. Tushar Vadavadagi for Smt.Rashmi Jadhav,
Advocate for R-4)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
dated:26/07/2019 passed by the learned Single Judge in
WP Nos.49985-87/2018 (S-DIS) and consequently
dismiss the said writ petition.
In W.A.No.389/2020
BETWEEN:
Mr. Malappa Siddappa Bagewadi,
S/o Siddappa Bagewadi,
Aged about 30 years,
Residing at 1st Main Road,
2nd Corss, Rajajinagar,
Bengaluru - 560 010. ... Appellant
(By Sri. H Sunil Kumar, Advocate)
AND:
1. The Managing Director,
Bengaluru Electricity Supply Company,
Corporate Office, K.R. Circle,
Bengaluru - 560 001.
2. The Executive Engineer,
BESCOM,
Davanagere Division,
Davanagere - 577 002. ... Respondents
(By Sri. Sanjeev B.L., Advocate)
This appeal is filed under Section 4 of the
Karnataka High Court Act praying set aside the order of
30
the learned Single Judge in WP No.35720/2019 dated
31/10/209 and reinstate the appellant in to service will
all the benefits & Etc.
These appeals a/w CCC coming on for Orders this
day, NAGARATHNA, J., delivered the following:
JUDGMENT
Though these appeals are listed for orders, with the consent of learned counsel on both sides, they have been heard finally.
2. Except W.A.No.389/2020, all other appeals are filed by the appellant/Bangalore Electricity Supply Company Limited ('BESCOM' for the sake of convenience) and another appellant, assailing the order of learned Single Judge passed in several writ petitions under which the writ petitions have been allowed. The order of dismissal of the respondents/employees have been quashed and the appellants herein have been directed to reinstate the respondents/employees with all consequential benefits from the date of dismissal till 31 reinstatement and liberty being reserved to the appellants to proceed in accordance with law.
3. Sri.Sanjeev.B.L, learned counsel for the appellants submitted that being aggrieved by the orders passed by learned Single Judge in the writ petitions, except in the writ petition out of which W.A.No.389/2020 arises, these appeals have been preferred.
4. Sri.Sanjeev.B.L, learned counsel for the appellants submitted that the respondent/employees sought appointment as Assistant Lineman in the appellant Company. The recruitment of the employees was made, inter alia, on the basis of marks obtained in ITI certificate course. Later these employees have also been made permanent as they had successfully completed their probation.
5. The appellants had sent the marks cards to respondent No.2 - Department in W.A.No.261/2020 for verification. Respondent No.2 - Department submitted a 32 report stating that the marks card of the respondents/employees were not genuine. On the basis of the said report, they have been dismissed from service. Being aggrieved by the dismissal from service, the respondents/employees preferred the writ petitions before this Court.
6. Learned Single Judge has allowed the writ petitions by quashing the order of dismissal and directing reinstatement with all consequential benefits from the date of dismissal till reinstatement and reserved liberty to the appellants to proceed in accordance with law.
7. Learned counsel for the appellants submitted that on receipt of the report from respondent No.2/Department in W.A.No.261/2020, steps were taken for dismissal of the said respondents/employees as they had sought employment on the basis of fake marks card. Therefore, learned Single Judge ought not to have quashed the dismissal and ordered for reinstatement by 33 reserving liberty to the appellants to conduct an enquiry in the matter.
8. Learned counsel for the appellants however fairly submitted that only 12 employees have been reinstated and not others. He explained the actual position by submitting that pursuant to notification issued by the appellants, 628 persons were appointed as Assistant Lineman and on verification of the marks card and it was found that 381 persons had submitted the correct and genuine marks card, but in respect of the others, there was doubt about the genuineness of the marks card. That in 74 cases, the report has been received from respondent No.2/Department that the marks cards are fake. That certain employees approached this Court and have received orders in their favour, against which these appeals have been filed. However, in respect of 173 employees, the report is yet to be received from respondent No.2/Department. He also submitted that pursuant to the liberty granted by 34 the learned Single Judge, show cause notices were issued to the employees, replies were received and an order has been made for appointing a retired District Judge as an Enquiry Officer. The enquiry is yet to commence. However, the writ appeals having been filed prior to the appointment of the Enquiry Officer and hence, appropriate orders may be made.
9. Learned counsel for the respondents/employees submitted that the learned Single Judge has passed a just and correct order inasmuch as the employees were made permanent by declaring their probation and thereafter by a single stroke their service could not have been terminated by the dismissal order without holding an enquiry and giving them an opportunity of being heard. Therefore, the impugned order of learned Single Judge would not call for any interference.
35
10. Learned counsel for the appellant/employee in W.A.No.389/2020 submitted that the learned Single Judge in W.P.No.35720/2019 by his order dated 31.10.2019 has dismissed the writ petition, even though, it was urged that there was no enquiry conducted before removing the appellant from service. The learned Single Judge has straightaway accepted the fact that the report of the Department of Employment of Training to the effect that the marks cards of the appellant was fake, without there being any adjudication on the said report or giving any opportunity of hearing to the appellant. He, therefore, submitted that the impugned order passed in the said writ petition may be set aside and his case may be treated on par with the other respondents/employees in the connected appeals.
11. Learned counsel for the appellant/BESCOM and another in the said appeals very fairly submitted that there may be parity of orders passed in respect of 36 all the appeals and therefore, an appropriate order may be made in this appeal also.
12. The detailed narration of facts and contentions would not call for reiteration, except highlighting the fact that the appellant in W.A.No.389/2020 and the respondents/employees in all the other appeals were appointed as Assistant Lineman pursuant to notification dated 10.02.2015 issued by the appellants. It is also not in dispute that the respondents/employees submitted their marks card and on the basis of their inter-se merit, they were appointed and thereafter, their probation period was completed and their appointments were made permanent. In the meanwhile, the appellants submitted the marks card of all the employees for verification to respondent No.2/Department. Respondent No.2/Department reported that out of 628 marks card scrutinised, 381 marks cards are genuine and correct. The information regarding 173 marks card is yet to be received. It has 37 also been reported by the Department that 74 marks cards are fake. The respondents/employees have been dismissed from service since their marks card were reported to be fake. However, the fact remains that no enquiry whatsoever was initiated against the respondents/employees before dismissing them from service. As already noted, their appointments were made permanent and they were serving as permanent employees in the appellants' Company. Therefore, before terminating them from service, it was just and proper to hold an enquiry and to confront them with the report that have been received by the Department by the appellants. In the absence of such a procedure being contemplated, learned Single Judge found that the dismissal of the respondents/employees from service was illegal, arbitrary and not in accordance with the principles of natural justice and in violation of Article 14 of the Constitution of India. Therefore, the order of dismissal of termination was quashed in each of 38 these cases except in W.A.No.389/2020. The respondents/employees were directed to be reinstated and to pay all consequential benefits from the date of dismissal till the date of reinstatement. Being aggrieved by the order of learned Single Judge, the appellant/BESCOM and another has preferred these appeals.
13. During the course of his submission, Sri.Sanjeev.B.L, learned counsel for the appellant/BESCOM submitted that only twelve employees have been reinstated, but the other employees have approached this Court stating that they have not been reinstated. He also submitted that the enquiry proceedings has commenced inasmuch as show cause notices were issued to the respondents/employees, their replies have been received and the Enquiry Officer has been appointed. However, no further steps have been taken by the Enquiry Officer. The appellant/BESCOM has in substance complied with the direction issued by the 39 learned Single Judge to hold an enquiry before terminating the employees and thereafter has ordered to reinstate them and the appellant/BESCOM has also intended to hold the enquiry.
14. Sri Tushar Vadavadagi learned counsel appearing for Smt. Rashmi Jadhav, learned counsel for respondent No.2/KPTCL in eight appeals endorses the submission made by the learned counsel for the appellant/BESCOM.
15. We do not think it is necessary to interfere with the steps taken by the appellants to hold an enquiry against the respondents/employees. However, we recognize the magnitude of the problem that is being faced by the appellants inasmuch as 628 marks cards of Assistant Lineman were sent to verification. As of now, as per the report, 74 marks cards are reported to be fake and the report in respect of 173 marks cards is yet to be received by the appellants. Insofar as 381 marks 40 cards are concerned, the report has been received and they are genuine. Further as submitted by learned counsel for the appellants, criminal proceedings have also been initiated against those employees whose marks cards are allegedly fake and not genuine.
16. Be that as it may, prior to termination or dismissal of the respondents/employees from the service, no enquiry has been conducted. This is not a case of discharge simplicitor employees whose appointments have not been made permanent. Further in case of those employees, whose appointments have been made permanent, they could not have been dismissed from service without holding an enquiry as it would otherwise be contrary to the principles laid down under Article 311 of the Constitution of India. In fact, in the case of Anoop Jaiswal V/s. Government of India & another - AIR 1984 SC 636, the Hon'ble Supreme Court has observed in paragraphs 12 and 13 as under: 41
"12. It is, therefore, now well settled that where the form of the order is merely a camouflage for an order of dismissal for misconduct it is always open to the Court before which the order is challenged to go behind the form and ascertain the true character of the order If the Court holds that the order though in the form is merely a determination of employment is in reality a cloak for an order of punishment, the Court would not be debarred, merely because of the form of the order, in giving effect to the rights conferred by law upon the employee.
13. In the instant case, the period of probation had not yet been over. The impugned order of discharge was passed in the middle of the probationary period. An explanation was called for from the appellant regarding the alleged act of indiscipline, namely, arriving late at the Gymnasium and acting, as one of the ring leaders on the occasion and his explanation was obtained. Similar explanations were called for from other probationers and enquiries were made behind the back of the appellant, Only the case of the appellant was dealt with severely in the end. The cases of other probationers who were also considered to be ring leaders were not seriously taken note of. Even 42 though the order of discharge may be non-committal, it cannot stand alone.
Though the noting in the file of the Government may be irrelevant, the cause for the order cannot be ignored. The recommendation of the Director which is the basis or foundation for the order should be read along with the order for the purpose of determining its true character. If on reading the two together the Court reaches the conclusion that the alleged act of misconduct was the cause of the order and that but for that incident it would not have been passed then it is inevitable that the order of discharge should fall to the ground as the appellant has not been afforded a reasonable opportunity to defend himself as provided in Art.311(2) of the Constitution."
Therefore, when even where a probationer is to be discharged, the Court can always go into the true character of the order and if it is found that the discharge is in reality a cloak for an order of punishment, then it is necessary that an enquiry should be held. Insofar as permanent employees are concerned, there ought to be compliance of the principles of natural 43 justice by holding an enquiry as per the principles of Article 311 of the Constitution of India.
17. Therefore, we find that the learned Single Judge was justified in directing that there could be an enquiry in respect of the respondents/employees irrespective of fact whether their probation has been declared or they were made permanent employees or all still under probation. Therefore, we do not think it necessary to interfere with that portion of the order. However, learned Single Judge has directed that the respondents/employees be reinstated in service with all consequential benefits from the date of dismissal till reinstatement. Since learned Single Judge has also granted liberty to the appellants to hold an enquiry and the enquiry is yet to commence, at this stage, it is not possible to forecast the result of the enquiry and the direction to extend all consequential benefits from the date of dismissal till reinstatement, in our considered view, would call for interference. Therefore, the said 44 direction is modified. The appellants shall reinstate the respondents/employees, however, the said reinstatement shall be subject to the enquiry to be commenced and completed.
18. With regard to the genuineness or otherwise of the marks cards that the employees have submitted on the basis of which they have been appointed as Assistant Lineman in the appellant's Company, having regard to the magnitude of the controversy, inasmuch as information in respect of 173 employees is yet to be received from the Department, there is initiation of enquiry in respect of 74 fake marks card and certain persons have approached this Court and have been granted relief. We think that it is just and proper to direct Sri. H.M.Nanjunda Swamy, retired District Judge and presently the Director of the Bengaluru Arbitration Centre, to be appointed as the Enquiry Officer to conduct the enquiry and to submit a report to the appellant in the place of Sri.Shivannagoudar, who has been appointed by 45 the appellants. Learned Enquiry Officer shall decide the venue of the enquiry and he shall be suitably remunerated by the appellants.
19. It is needless to observe that all the respondents/employees who have not yet been reinstated shall be reinstated into service within a period of two weeks from the date of receipt of the certified copy of this judgment, if not already reinstated. This direction is being issued since the appellants have already reinstated twelve employees and therefore, having regard to the principle of parity, all the respondents/employees shall be reinstated, if not already reinstated. It is further directed that the said reinstatement is subject to the result of the enquiry and any benefits that they have received consequential to the reinstatement shall also be subject to the result of the enquiry except the salary that they would receive for serving in the appellant's company. To that extent, the impugned order is modified.
46
20. Learned Enquiry Officer shall conduct the enquiry within a period of nine months from the date of commencement of the enquiry by him. It is needless to observe that the appellants and the respondents/employees shall co-operate with the Enquiry Officer for expeditious conclusion of the enquiry.
21. It is further clarified that on such reinstatement being made, the respondents/employees shall only be entitled to the last drawn salary for the duties performed by them in the appellant's Company. All arrears of salary as well as further consequential benefits shall be subject to the result of the enquiry proceedings to be conducted by the learned Enquiry Officer.
22. In view of the aforesaid direction issued, W.A.No.389/2020 is allowed. The impugned order passed by the learned Single Judge dated 31.10.2019 in W.P.No.35720/2019 is set aside and the directions 47 issued in other writ appeals would apply insofar as this appellant also is concerned.
23. In view of the aforesaid directions, CCC.No.1153/2019 arising from W.P.No.46307/2018 disposed on 19.06.2019 directing reinstatement could not survive for further consideration and in view of the directions issued above, on such reinstatement being made, shall squarely apply to this complainant also.
24. Registry to make available a copy of this judgment to Sri.H.M.Nanjundaswamy, retired District Judge and presently Director of Bengaluru Arbitration Center.
25. Respondent No.2/Department in W.A.No.261/2020 to submit a report with regard to genuineness or otherwise of the marks cards of 173 and other employees to the appellants. Liberty is reserved to the appellants to take steps for expeditious investigation to be conducted on the complaints filed and FIR 48 registered by the appellants as well respondent No.2/Department.
26. Liberty is also reserved to the appellants to initiate proceedings in respect of all the employees where the report has been received from the Department that marks cards are not genuine.
Appeals are allowed in part.
In view of the aforesaid order, CCC.No.1153/2019 would not survive for further consideration. The contempt proceedings are dropped.
In view of the disposal of these appeals, all other pending applications also stand disposed.
Parties to bear their respective cost.
Sd/-
JUDGE Sd/-
JUDGE KTY