- 1 - HC-KAR NC: 2025:KHC-K:2836 WP No. 201493 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201493 OF 2024 (S-RES) BETWEEN: KSHEERLING HONAWAD, S/O SIDDAPPA HONAWAD, AGED ABOUT 51 YEARS, OCC: FIRST DIVISION REVENUE INSPECTOR (KBJNL), O/O SPECIAL LAND ACQUISITION OFFICER, U.K.P. BILAGI, DISTRICT BAGALKOT. R/O H.NO. 21, CHALUKYA NAGAR (EAST), VIJAYAPURA-586103. …PETITIONER (BY SRI. MAHESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCE, VIKAS SOUDHA, BENGALURU-560001. 2. THE MANAGING DIRECTOR, KRISHNA BHAGYA JALA NIGAM LTD., AGE: MAJOR, PDW ANNEXURE, III FLOOR, K.R. CIRCLE, BENGALURU-560001. …RESPONDENTS Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2836 WP No. 201493 of 2024 (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1; SRI. SANJAY M. JOSHI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER HIS REPRESENTATIONS DATED 22.09.2023, 03.01.2024 AND 24.01.2024 ANNEXURE-R SERIES AND TO REGULARIZE HIS SERVICE PERIOD FROM 17.07.2021 TO 27.07.2023 AS ON DUTY AND GRANT ALL CONSEQUENTIAL BENEFITS INCLUDING SALARY/ ALLOWANCES, INCREMENTS ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Petitioner is an employee of respondent No.2- Government company. Based on certain allegations, criminal proceedings under the provisions of Prevention of Corruption Act, 1988 was initiated against the petitioner. After trial, he has been acquitted. In the meanwhile, departmental enquiry was also initiated against the petitioner and the punishment of compulsory retirement was imposed on the petitioner. This was challenged by - 3 - HC-KAR NC: 2025:KHC-K:2836 WP No. 201493 of 2024 him in W.P.No.202224/2021, wherein the following order has been passed. ORDER i) The petition is partly allowed. ii) The impugned order of compulsory retirement under Annexure-N dated 13.07.2021 and the entrustment order Annexure-D1 dated 25.07.2012 are hereby quashed. iii) Respondent Nos.1 and 2 are hereby directed to transfer the reports under Section 12(2) of KL Act to respondent No.6 forthwith, if not already transferred. iv) On such receipt of the records, respondent No.6 is at liberty to appoint the enquiry officer for conducting the enquiry against the petitioner in accordance with law. v) All other contentions raised on behalf of the petitioner and which have not been answered in this petition are permitted to be raised before the Inquiry Officer in accordance with law. - 4 - HC-KAR NC: 2025:KHC-K:2836 WP No. 201493 of 2024 2. As seen from the above order, the earlier order of punishment of compulsory retirement against the petitioner has been set aside and liberty has been granted to respondent No.2 to initiate fresh disciplinary proceedings in accordance with law. The order in W.P.No.202224/2021 was passed on 31.01.2023. In spite of it, respondent No.2 has not initiated any disciplinary proceedings against the petitioner. Hence, the petitioner has made representations to respondent No.2 to regularize his service by providing all the benefits as though he had not committed any irregularity. As the same is not considered, the present writ petition is filed with the following prayer. PRAYER a) Issue a writ of Mandamus directing the respondents to consider his representations dated 22..09.2023, 03.01.2024 & 24.01.2024 ANNEXURE-R series and to regularize his service period from 17.07.2021 to 27.07.2023 as on duty and grant all consequential benefits - 5 - HC-KAR NC: 2025:KHC-K:2836 WP No. 201493 of 2024 including salary/allowances, increments etc. in the interest of justice and equity; b) Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case. 3. The case of the petitioner is that the relevant circular issued by the State Government to all its undertaking requires employer to complete the enquiry proceedings within a period of 9 months, which has not been done till today, in spite of the order of this Court in W.P.No.202224/2021 which is decided on 31.01.2023 and necessary liberty to respondent No.2 is given to conduct fresh enquiry against the petitioner. 4. Learned counsel appearing for respondent No.2 does not dispute the above mentioned facts and fairly submits that the request of the petitioner will be considered in accordance with law and appropriate decision will be taken. 5. For the aforementioned reasons, respondent No.2 is directed to act on the representation submitted by the petitioner (Annexure-R series to the writ petition) and take - 6 - HC-KAR NC: 2025:KHC-K:2836 WP No. 201493 of 2024 appropriate decision in accordance with law within a period of three months from the date of receipt of certified copy of this order. Sd/- (M.I.ARUN) JUDGE SMP,VNR List No.: 1 Sl No.: 59 CT:SI