Karnataka High Court
Sri Hanamantagouda Vandal vs The General Manager on 18 December, 2020
Author: R Devdas
Bench: R Devdas
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2020
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.1319 OF 2020 (S-DIS)
C/W
WRIT PETITION NOs.10101/2020 (S-RES),
1324/2020 (S-DIS), 48077/2019 (S-DIS),
5715/2020 (S-DIS), 7689/2020 (S-DIS)
IN W.P. NO.1319/2020
BETWEEN
SRI HANAMANTAGOUDA VANDAL
S/O VIRUPAKSHAPPA
AGED ABOUT 32 YEARS,
OCC: ASSISTANT LINEMAN
BESCOM, KODAGUDDA DIVISION,
PAVGODA, MADHURI 567123.
...PETITIONER
(BY SRI JAVEED S, ADVOCATE)
AND
1. THE GENERAL MANAGER
ADM AND HRD
KPTCL, CORPORATE OFFICE,
BANGALORE - 560 009
2. THE EXECUTIVE ENGINEER (EI)
AND DISCIPLINARY AUTHORITY,
BESCOM
COMMERCIAL, WORK DIVISION
MADHUGIRI 567123
...RESPONDENTS
-2-
(BY SRI B L SANJEEV, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD.8.5.2018 PRODUCED AS ANNEXURE-C PASSED BY
THE R-2 AND ETC.
IN W.P. NO.10101/2020
BETWEEN
1. SRI.RAJU RATHOD S
S/O SURESH
AGED ABOUT 25 YEARS
OCC. ASSISTANT LINEMAN
BESCOM, SUB DIVISION III
CHITRADURGA 577536.
2. SRI SANJEEV RATHOD
S/O MOTILAL
AGED ABOUT 26 YEARS
OCC. ASSISTANT LINEMAN
BESCOM. SUB DIVISION III
CHITRADURGA 577536.
...PETITIONERS
(BY SRI JAVEED S, ADVOCATE)
AND
1. THE GENERAL MANAGER
ADM AND HRD
KRTCL, CORPORATE OFFICE
BANGALORE 560009
2. THE EXECUTIVE ENGINEER (V)
KA AND PA DIVISION
BESCOM
CHITRADURGA 577536.
...RESPONDENTS
(BY SRI P PRASANNA KUMAR, ADVOCATE )
-3-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DTD.20.8.2020 PRODUCED AS ANNEXURE-H
AND DTD.20.8.2020 PRODUCED AS ANNEXURE-H1 PASSED BY
THE R-2 AND ETC.
IN W.P. NO.1324/2020
BETWEEN
SRI CHANDRASHEKHAR MUTTATTI
S/O SIDDAPPA
AGED ABOUT 32 YEARS
OCC-ASSISTANT LINEMAN
BESCOM, NAGALA MADIGGE DIVISION
PAVGODA, MADUGIRI 567123
...PETITIONER
(BY SRI JAVEED S, ADVOCATE)
AND
1. THE GENERAL MANAGER
ADM AND HRD,
KPTCL, CORPORATE OFFICE,
BANGALORE-560009.
2. THE EXECUTIVE ENGINEER (ELE.)
AND DISCIPLINARY AUTHORITY, BESCOM,
COMMERCIAL, WORK DIVISION,
MADUGIRI 567123
...RESPONDENTS
(BY SRI P PRASANNA KUMAR, ADVOCATE )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 05.05.2018 PRODUCED AS ANNEXURE-C PASSED
BY THE R-2 AND ETC.
-4-
IN W.P. NO.48077/2019
BETWEEN
1. SRI. MUTTAPPA H. KARAMADI
S/O. HANAMAPPA,
AGED ABOUT 34 YEARS,
OCC: ASSISTANT LINEMAN,
BESCOM,
ATTIGERE DIVISION,
ANAGODU, DAVANAGERE 577 556
2. SRI. PRAKASH TALAVAR
S/O. PARASAPPA,
AGED ABOUT 34 YEARS,
OCC: ASSISTANT LINEMAN,
BESCOM, BASAVAPATANNA DIVISION,
SANTEBENNURU,
DAVANAGERE 577 552
3. SRI. MANJUNATH B MUTTANNAVAR
S/O. BASAPPA MUTTANNAVAR,
AGED ABOUT 34 YEARS,
OCC: ASSISTANT LINEMAN,
BESCOM, MALEBENNUR DIVISION,
HARIHAR, DAVANAGERE 577 530
...PETITIONERS
(BY SRI JAVEED S, ADVOCATE)
AND
1. THE GENERAL MANAGER
ADM AND HRD,
KTPCL, CORPORATE OFFICE,
BANGALORE 560009
2. THE EXECUTIVE ENGINEER (EI)
VA, COM AND PA DIVISION,
BESCOM, DAVANAGERE 577 002
-5-
3. THE EXECUTIVE ENGINEER(V)
KA AND PA DIVISION,
BESCOM, HARIHARA,
DAVANAGERE 577 601
...RESPONDENTS
(BY SRI B L SANJEEV, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 25.09.2018 VIDE ANNEXURE-D, ORDER DATED
01.06.2018 VIDE ANNEXURE-D1, AND ORDER DATED
10.10.2017 VIDE ANNEXURE-D2, PASSED BY THE R-2 AND 3
RESPECTIVELY AND ETC.
IN W.P. NO.5715/2020
BETWEEN
SRI. MALLANAGOUDA GOUDAR
S/O SHANTAGOUDA
AGED ABOUT 31 YEARS
OCC: ASSISTANT LINEMAN,
BESCOM, KUKAWADA DIVISION,
GRAMINA SUB DIVISION
DAVANAGERE 576123.
...PETITIONER
(BY SRI JAVEED S, ADVOCATE)
AND
1. THE GENERAL MANAGER
ADM AND HRD
KPTCL, CORPORATE OFFICE
BANGALORE-560009.
2. THE EXECUTIVE ENGINEER (EI)
VA, KA, AND PA
BESCOM DIVISION
DAVANAGERE 576123.
...RESPONDENTS
(BY SRI B L SANJEEV, ADVOCATE )
-6-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 25.09.2018 VIDE ANNEXURE-C PASSED BY THE
R-2 AND ETC.
IN W.P. NO.7689/2020
BETWEEN
SRI BASAVARAJ MUTTATTI
S/O SIDDAPPA MUTTATTI
AGED ABOUT 32 YEARS
OC: ASSISTANT LINEMAN
BESCOM, MANGALA WARD
DIVISION, PAVGODA
MADUGIRI
...PETITIONER
(BY SRI JAVEED S, ADVOCATE)
AND
1. THE GENERAL MANAGER
ADM AND HRD
KPTCL, CORPORATE OFFICE
BANGALORE - 560009
2. THE EXECUTIVE ENGINEER (EI)
AND DISCIPLINARY AUTHORITY, BESCOM
COMMERCIAL, WORK DIVISION
MADHUGIRI
...RESPONDENTS
(BY SRI B L SANJEEV, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 05.05.2018 PRODUCED AS ANNEXURE-C PASSED
BY THE R-2 AND ETC.
-7-
THESE WRIT PETITIONS ARE COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
Learned Counsel for the petitioners submits that in all these writ petitions where the petitioners were appointed and working as Assistant Linemen in the respondent-Company have been dismissed by way of the impugned orders on a common allegations that during the recruitment process they had furnished fake marks cards of ITI Certificate Course. Learned Counsel for the petitioners submits that in a batch of writ petitions in W.P.Nos.49985-87/2018 and connected matters, a coordinate Bench of this Court had set aside the orders of dismissal. Nevertheless, in a batch of writ appeal in W.A.No.261/2020 and connected matters, the Hon'ble Division Bench, by order dated 09.11.2020 has directed that Sri H.M. Nanjudaswamy, retired District Judge and presently the Director of the Bengaluru Arbitration Center, to be appointed as the Enquiry Officer to conduct the enquiry and to submit a report to the respondent-Company. The order of reinstatement passed by -8- a co-ordinate Bench was upheld to the extent of the fresh enquiry being conducted in terms of the directions of the Hon'ble Division Bench.
2. Learned Counsel for the petitioners therefore, submits that similar orders are required to be passed in these writ petitions.
3. Learned Counsel for respondents do not contest the submissions made by the learned Counsel for the petitioners, in view of the orders passed by the Hon'ble Division Bench.
4. Consequently, the impugned order of dismissal is hereby set aside. The petitioners are directed to be reinstated in terms of the orders passed by the Hon'ble Division Bench, in W.A.No.261/2020 and connected matters.
It is ordered accordingly.
Sd/-
JUDGE DL