High Court Karnataka High Court

Singa Shetty S/O Late Narasimha … vs Karnataka Power Transmission … on 9 July, 2008

Karnataka High Court
Singa Shetty S/O Late Narasimha … vs Karnataka Power Transmission … on 9 July, 2008
Author: Ajit J Gunjal
1
IN THE men comm' OF KARNATAKA, BANGALORE
DATED THIS THE 9TH DAY 0;? JULY, 2008 
BEFORE "V*"%

THE HONBLE MR. JUSTICE AJIT J0  %%

WRIT PETI"l'iON No 39302 0:? 2002;  _   

BETWEEN :

1 SINGA SHETPY s/o LATE_NARAsIMHA

40 YRS, 0/0 SMT. RANGAMMA, 0 

KUMBARA BEEDHI,_ PERIYAPATNA,

MYSORE DIST. 0 ' u   
    PETITIONER.
(By Sri '1' N RAGIEUPATI-133,. 'A1:>v,Av00,_)     

1 KARNATAi{A'PQW'fi3R' 
TRAN1smssi0NA .COI§?{)RATION LTD
CTAUVERY mmvziw KEMPEGOWDA ROAD,
..E3AN'GALORE, V
,%REP;% EYES  %%%%% 

   ENGINEER (ELECTRICAL)

.  0 as Mg»DEVESION, MESCOM,
0 __MAmKE.jI<E.

 RESPONLQENTS.

%   001§13§;'Ts:~5 N. NAGARAJA RAO, A9V.' FOR
   sR:H.AR0<:R1s1--:NA s HOLLA, ADV. )

THIS WP FXLED UNDER ARTICLES 226 AND 227 OF

 f'I'HE CONSTITUTION, PRAYING T0 DECLARE THAT THE

ORDER 012 12.9.2002 BY R1 VIBE ANN~A IS ILLEGAL AND
QUASH THE SAME.



THIS PETETION comma ON FOR HE:AR1NerT-"T3113
DAY, THE cover MABE THE FOLLOWING: .    W   

O R D E R V

The petitioner at the relevant time  K V'
Mechanical Grade II, MEscoM,V'e:e¢s15:men'gaiHa* 
Madikere. It appears in the   iH~ 
health the pefitioner had to go VonWieaV'e,.   to say
that for over a period of    absent.

Thereafter he was    Weettransfened to

Hass-an.  *1*1:e   of transfer is at
Annexure~(5.¥.  for additional three days
casual _ie_ave'%°'e» ""jr7.x.2ooo and 19.1.2000.
 respondent authority issued an

the services of the petitioner. A

t”‘e—copy of at Ar1nex:,1re-«A, which is impugned in

e ~ t.t’e;*e;e.s’peeeon.,7

__Learned counsel appearing for the petitioner submits

the petitioner reported to duty after unazxthorised

t Absence and he was taken on duty which would necessaxilyfl

mean that the unauthorised absence is deemed to _.hso’re»_ilaeen
condoned. In the aiternate he submits that

an enquiry as contemplated under’ XE’./.’;VE’3n1}§ioyees” » _

(Classification, Diseipiinary Control”and:_’

1937, the petitioner could nétf-have”‘imcn_diss:issedi semis

service.

3. Learned counsel respondents

submits that 14-(El)-V’of Regulations if an

empioyee ” is . sfijsefit; mssnfliorisodly for a long period,

dismissalis the’ ()$ZV}3.3iv”€13′}i)’i;i€_):I”iA.IEJEEIICC he justifies Annexure-A.

4. In .15. fioi. disgoute that the petitioner was

in é_sbseni’ifor one year. But what is significant

‘flfi1s!_t’_ Vheiviwssi on duty and thereafter transferred to

Hsssan. it is to be noticed that if the petitioner has

a§sen.iee “himself after reporting to duty, that wouid be a

_’_sep:aV3’ate cause of action for which a show cause notice is

‘T .:’..:1’eqiiir*ed to be issued calling for explanation and before any

x inajor penalty of dismissal is imposed an enquiry is a mustfl

/’

4
Indeed the regulation which is sought to be pressee into
service would contemplate regarding speciai in
certain matters. Indeed regulation 14(2)
that where the officer cencemed 1;-.-as
the officer concerned does not
where for any reasons to sit
impracticable to communicate”””vt’i:t.ftj”him, it A or Wihere the
cliseiplinary authority, fee to reeorded in writing,

is satisfied that it ‘isjiot ireaisoflabijfiiipraeticable to foiiow the

rocedurev’ Vinthe ations, a roceedin

could be

5. Indeeé; could be pressed into service,

4. enqtiiryeeis to ¥3e.V..eondlucted and of the employee does not

i”resApez1c::1 notice and does not participate in the

encfuiry,’ a:n”.”_”ir2i7erence could be drawn that he is not

interesteei proceedings. But that is not the case here.

“‘I”he oti hand is that even before issuing a Show cause

__1″1i5oticgei’ upon him to explain his unauthorised

‘absence, Annexure—A is passed dismissing him from service.

{V

. “W

5
Consequently, I am of the View that the entire
adopted by the respondent is in violation of ,of
natural justice and also in violation of regu1atic«I 1j’s. : ‘A

6. Consequently, the following oi%§ier:_-iso;fJo[ssed:’- 4′

The petition is a1iowed.VLAm1ex{I£c’¥A v

Liberty is reserved to the to if
they choose to do so. A .. T
Rifle is mad4¢ea§Somie;:” :1: Sd/’I.

Judge