Siddappa Chalwadi vs The Executive Engineer (Electrical) on 4 March, 2020

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Karnataka High Court

Siddappa Chalwadi vs The Executive Engineer (Electrical) on 4 March, 2020

Bench: G.Narendar

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 04TH DAY OF MARCH, 2020

                      BEFORE

       THE HON'BLE MR.JUSTICE G.NARENDAR

        WRIT PETITION NO.5021/2020 (S-RES)

BETWEEN

1. SIDDAPPA CHALWADI
S/O BALAPPA CHALWADI,
AGED ABOUT 35 YEARS,
WORKING AS ASSISTANT LINEMAN,
KYASAMPALLI DIVISION,
BESCOM, BETHAMANGALA
KOLAR DISTRICT-563116

2. PARASAPPA CHALWADI
S/O RAMAPPA,
AGED ABOUT 30 YEARS,
ASSISTANT LINEMAN,
ROBERTSON PET,
KGF-563117, KOLAR DISTRICT.

3. THIRUPATI BANDIWODDAR
S/O HANUMANTHAPPA BANDI WODDAR,
AGED ABOUT 35 YEARS,
WORKING AS ASSISTANT LINEMAN,
KYASAMPALLI DIVISION,
BESCOM, BETHAMANGALA,
KOLAR DISTRICT-563116

4. MANJUNATH SIDDAPPA VANAKITHAL
S/O VANAKITHA,
AGED ABOUT 29 YEARS,
WORKING AS ASSISTANT LINEMAN,
O AND M 2ND DIVISION,
BESCOM SUB DIVISION,
HARAPANAHALLI, K.G.F.-563117
                              2


5. KEMAPPA PAWER
S/O YEMANAPPA,
AGED ABOUT 29 YEARS,
ASSISTANT LINEMAN,
ANDERSONPET, 1ST DIVISION,
BESCOM, KGF-563117
KOLAR DISTRICT.

6. SRI SANJEEVA KUMAR M
S/O MADAVA,
AGED ABOUT 27 YEARS,
ASSISTANT LINEMAN,
UGRANA KATLAYA BESCOM,
KGF-563117
KOLAR DISTRICT.

7. MALLAPPA CHALUWADI
S/O KEMAPPA,
AGED ABOUT 27 YEARS,
ASSISTANT LINEMAN,
ROBERTSON PET,
2ND DIVISION,
KGF-563117
KOLAR DISTRICT.
                                       ...PETITIONERS

(BY SRI HANUMANTHAPPA A, ADV.)

AND

THE EXECUTIVE ENGINEER (ELECTRICAL)
VA.KA AND PA DIVISION,
BESCOM CHAMPION REEFS,
K.G.F.-563117.
                                      ...RESPONDENT

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECTION OR ORDER COMMANDING THE RESPONDENT TO
FURNISH A LETTER TO THE PETITIONERS DATED 20.01.2020
SAME IS RECEIVED BY THE INDUSTRIAL TRAINING AND
EMPLOYMENT DEPARTMENT ETC.
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    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:


                              ORDER

In view of the order to follow, notice to the respondent is dispensed with.

2. Petitioners are before this court praying for issuance of a writ of mandamus thereby commanding the respondent to furnish the copy of the letter relied upon by the respondent bearing No.Kai.Ta.U/WrpaV/Nijathe/VIVA 25/2017-18 dated 20.01.2010.

3. That despite the issuance of a legal notice the respondent has not acceded to their request. On a query as to whether any representation made seeking for copies of the relied upon documents, the learned counsel would answer in a negative. A legal notice cannot take the form of a representation and petitioners cannot be heard complaining of non issuance of the copies of the documents relied upon in the show cause notice without seeking for the same.

4. Be that as it may, it is settled law that the noticee is entitled to a copy of all the documents that the authority may rely upon while issuing a show cause notice. In the event the authority fails to furnish the same, it would virtually vitiate the proceedings and thereby negating any order that may be passed by the authority pursuant to the show cause notice. Hence, the respondent is directed to furnish copies of the documents that are relied upon by the authority for issuing the show cause notice. Copies to be furnished within one week from the date of receipt of this order, if not already issued.

Accordingly, the writ petition is disposed off.

Sd/-

JUDGE Chs* CT-HR

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