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Karnataka High Court

Smt Bharati K Sukhasare vs The Karnataka Power Transmission ... on 27 November, 2023

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                       -1-
                                                    NC: 2023:KHC:42656
                                               WP No. 25120 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                    BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA

                    WRIT PETITION NO. 25120 OF 2023 (S-RES)

            BETWEEN:

            1.    SMT BHARATI K SUKHASARE
                  W/O SRI S.CHANDRASHEKAR
                  AGED ABOUT 47 YEARS
                  ASSISTANT EXECUTIVE ENGINEER (ELE)
                  O/O ASSISTANT GENERAL MANAGER (ELE)
                  BENGALURU ELECTRICITY SUPPLY
                  COMPANY K R CIRCLE,
                  BENGALURU.
                  R/AT NO 27, 1ST MAIN,
                  8TH A CROSS
                  J C NAGAR,
                  MAHALAXMIPURAM
                  BENGALURU 560086.

                                                         ...PETITIONER
Digitally   (BY SRI. VIJAYA KUMAR.V.B., ADVOCATE)
signed by
KIRAN
KUMAR R     AND:
Location:
HIGH
COURT OF    1.    THE KARNATAKA POWER TRANSMISSION
KARNATAKA
                  CORPORATION LTD.,
                  REP BY ITS MANAGING DIRECTOR
                  CAUVERY BHAVAN,
                  BENGALURU 560009.

            2.    THE DIRECTOR (ADMN AND HR)
                  KARNATAKA POWER TRANSMISSION
                  CORPORATION LIMITED
                  CAUVERY BHAVAN,
                  BENGALURU 560009.
                              -2-
                                        NC: 2023:KHC:42656
                                      WP No. 25120 of 2023




3.   THE MANAGING DIRECTOR
     BENGALURU ELECTRICITY SUPPLY COMPANY
     CAUVERY BHAVAN,
     BENGALURU 560009.

4.   THE GENERAL MANAGER (ADMN AND HR)
     BENGALURU ELECTRICITY SUPPLY COMPANY
     CAUVERY BAHVAN
     BENGALURU 560009

                                         ...RESPONDENTS
(BY SMT.RAKSHITHA.D.J., ADVOCATE FOR R-1 TO R-4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
RECORDS RELATING TO ISSUE OF THE IMPUGNED ORDER
BEARING    NO.    BVKAM/BC31/111/2023-24/467    DATED
04/11/2023 ISSUED BY THE R3 (VIDE ANNEXURE-C) AND
AFTER PERUSAL SET ASIDE THE SAME, ETC.

       THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

1. The order of repatriation is challenged in this writ petition.

2. The order of repatriation states that the petitioner was not evincing interest in discharging duties in the Bangalore Electricity Supply Company Limited ('the BESCOM', for short) to which she had been deputed and hence, she was repatriated to her parent Department--the -3- NC: 2023:KHC:42656 WP No. 25120 of 2023 Karnataka Power Transmission Corporation Limited ('the KPTCL', for short).

3. The learned counsel for the petitioner submitted that the petitioner has given a representation requesting that the order of repatriation be withdrawn and she be continued in KPTCL. He also submits that the petitioner was unauthorisedly absent due to her son's ailment.

4. In my view, in light of the aforesaid submissions, it would be appropriate to direct the respondents to consider the representation of the petitioner for withdrawing the order of repatriation and direct her to continue her in BESCOM.

5. The petitioner is also permitted to submit an additional representation highlighting her grievances.

6. If such representation is given, the respondents shall consider the same and an appropriate order shall be passed within a period of four weeks from the date of receipt of such representation.

-4-

NC: 2023:KHC:42656 WP No. 25120 of 2023

7. The writ petition is accordingly disposed of.

Sd/-

JUDGE RK Ct: SN List No.: 1 Sl No.: 55