- 1 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 84 OF 2021 (S-RES) C/W WRIT APPEAL NO. 680 OF 2020 (S-RES) WRIT APPEAL NO. 177 OF 2021 (S-DIS) IN WA No. 84/2021: BETWEEN: 1. BENGALURU ELECTRICITY SUPPLY COMPANY LTD (BESCOM) (A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956) HAVING ITS REGD. OFFICE AT K.R. CIRCLE, BENGALURU-560 001 NOW REPRESENTED BY ITS GENERAL MANAGER 2. CHIEF ENGINEER (ELEC) OFFICE AND MAINTENANCE ZONE BESCOM, THURUVANURU ROAD BEHIND RTO OFFICE CHITRADURGA-577 501 NOW REPRESENTED BY ITS EXECUTIVE ENGINEER 3. SUPERINTENDENT ENGINEER (ELEC) OFFICE AND MAINTENANCE CIRCLE BESCOM DAVANAGERE-577 001 NOW REPRESENTED BY SUPERINTENDENT 4. EXECUTIVE ENGINEER (ELEC) OFFICE AND MAINTENANCE DIVISION BESCOM Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 HARIHARA-577601 NOW REPRESENTED BY MANAGER …APPELLANTS (BY SRI. S.S. NAGANAND, SENIOR ADVOCATE FOR SRI. PRASANNA KUMAR P., ADVOCATE) AND: 1. H.M. KOTRESH S/O H.M. MALLIKARJUNAIAH AGED ABOUT 40 YEARS RESIDING AT HULIKATTE VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT-577 001 2. P.M. SHIVANANDA VARMA S/O RAVI VARMA AGED ABOUT 43 YEARS RESIDING AT HULIKATTE VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT-577 001 3. K.P. SANJEEVA KUMAR S/O K. PARAMESHWARAPPA AGED ABOUT 39 YEARS RESIDING AT HULIVANA VILLAGE POST HARAPANAHALLI TALUK DAVANAGERE DISTRICT-577 001 4. T. PATHI NAIK S/O REKHYA NAIK AGED ABOUT 43 YEARS RESIDING AT RAMAGATTA THANDA POST HARAPANAHALLI TALUK DAVANAGERE DISTRICT-577 001 5. B. GONEPPA S/O BASAPPA AGED ABOUT 46 YEARS RESIDING AT NEELAGUNDHA VILLAGE POST HARAPANAHALLI TALUK DAVANAGERE DISTRICT-577 001 - 3 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 6. VISHWANATH K.M. S/O MAHESHWARAIAH AGED ABOUT 29 YEARS RESIDING AT YELEHATE VILLAGE POST HARIHARA TALUK DAVANAGERE DISTRICT-577 001 7. K. RAMAPPA S/O K. NAGAPPA AGED 39 YEARS RESIDING AT KADABAGERI POST HARAPANAHALLI TALUK DAVANAGERE DISTRICT-577 001 8. A. KARIBASAVARAJU S/O VRUSHABENDRAPPA AGED ABOUT 37 YEARS RESIDING AT CHIGATERE VILLAGE POST HARAPANAHALLI TALUK DAVANAGERE DISTRICT-577 001 …RESPONDENTS (BY SRI. B.M. HALA SWAMY, ADVOCATE FOR R1 TO R7; NOTICE TO R8 SERVED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO (1) ALLOW THE WRIT APPEAL, CALL FOR RELEVANT RECORDS AND (2) SET-ASIDE THE IMPUGNED JUDGEMENT DATED 31.08.2020 PASSED BY THE HON'BLE SINGLE JUDGE IN WRIT PETITION Nos.43037- 44/2015, AND CONSEQUENTLY, ALLOW THE PRESENT WRIT APPEAL AND ETC. IN WA NO. 680/2020: BETWEEN: 1. THE MANAGING DIRECTORE BANGALORE ELECRTICITY SUPPLY COMPANY LTD. K.R. CIRCLE, BENGALURU-560 001 NOW REPRESENTED BY ITS GENERAL MANAGER (A AND HR) - 4 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 2. THE SUPERINTENDING ENGINEER WORK AND MAINTENANCE CIRCLE BENGALURU ELECTRICITY SUPPLY CO. LTD. DAVANAGERE 3. THE EXECUTIVE ENGINEER WORK AND MAINTENANCE DIVISION BENGALURU ELECTRICITY SUPPLY CO. LTD. DAVANAGERE 4. THE ASSISTANT EXECUTIVE ENGINEER WORK AND MAINTENANCE DIVISION BENGALURU ELECTRICITY SUPPLY CO. LTD. DAVANAGERE ...APPELLANTS (BY SRI. S.S. NAGANAND, SENIOR ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE) AND: 1. SRI. R.K. SHIVARAJU S/O R. KRISHNAPPA AGED ABOUT 42 YEARS WORKING AS GVP/MFF (GRAMA VIDYUTH PRATHINIDHI) DONNEHALLI/ HIREMALLANAHOLE GRAMA PANCHAYATH JAGALUR SUB-DIVISION DAVANAGERE DIVISION 2. SRI. S.T. PRABHU PRASAD S/O S. THIMMA REDDY AGED ABOUT 49 YEARS WORKING AS GVP/MFF (GRAMA VIDYUTH PRATHINIDHI) HANUMANTHAPURA GRAMA PANCHAYATH JAGALUR SUB-DIVISION DAVANAGERE DIVISION 3. SRI. G.S. DEVARAJ GOWDA S/O SANNATHAMMA GOWDA AGED ABOUT 46 YEARS - 5 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 WORKING AS GVP (GRAMA VIDYUTH PRATHINIDHI) HOSAKERE GRAMA PANCHAYATH JAGALUR SUB-DIVISION DAVANAGERE DIVISION ...RESPONDENTS (BY SRI. SUBRAMANYA BHAT M., ADVOCATE FOR R1 TO R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE COMMON ORDER DATED 31.08.2020 PASSED BY THE LEARNED SINGLE JUDGE IN WP Nos.20897-99/2015 (S-RES) AND OTHER CONNECTED MATTERS AND DISMISS THE WRIT PETITIONS IN THE INTEREST OF JUSTICE. IN WA NO. 177/2021: BETWEEN: 1. BENGALURU ELECTRICITY SUPPLY COMPANY LTD (BESCOM) (A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956) K.R. CIRCLE, BENGALURU-560 001 REPRESENTED BY ITS GENERAL MANAGER 2. SUPERINTENDENDENT ENGINEER (ELEC), OFFICE ANDMAINTENANCE CIRCLE BESCOM, DAVANGERE 3. CHIEF ENGINEER (ELEC) OFFICE AND MAINTENANCE ZONE BESCOM, THURUVANURU ROAD BEHIND RTO OFFICE CHITRADURGA REP. BY ITS CHIEF ENGINEER 4. EXECUTIVE ENGINEER (ELEC) BESCOM, HIRIYUR DIVISION CHITRADURGA DISTRICT-577 501 REP. BY ITS CHIEF ENGINEER ...APPELLANTS (BY SRI. S.S. NAGANAND, SENIOR ADVOCATE FOR - 6 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 SRI. PRASANNA KUMAR P., ADVOCATE) AND: 1. SRI. PRASANNA T.H. S/O PATEL VARAKERAPPA AGED ABOUT 41 YEARS R/AT. THOREBEERANAHALLI BELAGERE POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 538 2. SRI. I.S. SHESHACHALA S/O SHIVARAMU AGED ABOUT 48 YEARS R/AT. NANNIVALA POST NARALAGHATTA, HANABE CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522 3. SRI. THAMMANNA S/O NAYAKANAHATTI THIPPAIAH AGED ABOUT 45 YEARS R/AT. NANNIVALA POST NARALAGHATTA, HANABE CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522 4. SRI. M. JAYANNA S/O MARLAPPA AGED ABOUT 46 YEARS R/AT. HOTTAPPANAHALLI POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 538 5. SRI. H. VIRUPAKSHAPPA S/O HANUMANTHAPPA AGED ABOUT 47 YEARS R/AT. PARSHURAMPURA POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577538 - 7 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 6. SRI. G. KOTAPPA S/O GORAPPA AGED ABOUT 48 YEARS R/AT. GOPANAHALLI POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 538 7. SRI. HONNUR SWAMY T. S/O THIPPESWAMY AGED ABOUT 41 YEARS R/AT. KARIKERE POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522 8. SRI. D. PRAKASH S/O DURGAPPA AGED ABOUT 42 YEARS R/AT. MALLURHALLI VILLAGE GOWDAGERE POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522 9. SRI. K.O. JAYANNA S/O K.V. OBANIYAKA AGED ABOUT 50 YEARS R/AT. DODDA ULLARTHI POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 538 10. SRI. E. THIPPESWAMY S/O C.F. ERANNA AGED ABOUT 48 YEARS R/AT. PARSHURAMPURA POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522 11. SRI. T. SHANTHAKUMAR S/O THIPPANNA AGED ABOUT 41 YEARS R/AT. CHIKKAMADHURE HIREMADHURE POST CHALLAKERE TALUK - 8 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 CHITRADURGA DISTRICT-577 538 12. SRI. B. SANNAPPA S/O MADIVALARA BHEEMAPPA AGED ABOUT 48 YEARS RESIDING AT KATAMADEVARAKOTE POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 537 13. SRI. H.M. JAYANNA S/O MARIYAPPA AGE ABOUT 45 YEARS R/AT. PURLAHALLI CHANNAMANGTHAHALLI POST CHALLAKERE TALUK CHITRADURGA-577 539 14. SRI. G.V. THIPPESWAMY S/O VISHWARASHAYA AGED ABOUT 48 YEARS RESIDING AT HULIKUNTEE POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 538 15. SRI. M. MUKUNDHA S/O SANMUDHAPPA AGED ABOUT 53 YEARS RESIDING AT GOSIKERE POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 538 16. SRI. H. ESHWARA S/O HANUMANTHRAYA AGED ABOUT 40 YEARS RESIDING AT DODDA ULLARTHI POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522 17. SRI. THIMMARAJU G. S/O GOVINDARAYA AGED ABOUT 40 YEARS RESIDING AT P. MAHADEVAPURA POST - 9 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522 18. SRI. B. SURESH S/O BASANNA AGED ABOUT 46 YEARS RESIDING AT KENCHAVEERANAHALLI DODDIRE POST, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 538 19. SRI. T. ANJENAYA S/O THIMMAPPA AGED ABOUT 35 YEARS RESIDING AT KYADEGUNTE S.D. DURGA POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 501 20. SRI. R. NAGESH S/O RANGAPPA AGED ABOUT 28 YEARS RESIDING AT NELAGUNTHANAHALLI POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 538 21. SRI. T. BASAVARAJ S/O B.V. THIPPESWAMY AGED ABOUT 36 YEARS RESIDING AT N. DEVARAHALLI POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 536 22. SRI. H. HONNESHI S/O HONNAPPA AGED ABOUT 41 YEARS RESIDING AT PURLAHALLI VILLAGE CHANNAMANAGATHEHALLI POST CHALLAKERE TALUK CHITRADURGA DISTRICT-577 538 ...RESPONDENTS - 10 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 (BY SRI. SUBRAMANYA BHAT M., ADVOCATE FOR R1 TO R5 & R7 TO R22; APPEAL AS AGAINST R6 STAND ABATED V.C.O. DATED 20.01.2025) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO (1) CALL FOR RELEVANT RECORDS AND (2) SET-ASIDE THE IMPUGNED JUDGEMENT DATED 31.08.2020 PASSED BY THE HON'BLE SINGLE JUDGE IN WRIT PETITION Nos.44902-923/2015, AND CONSEQUENTLY, ALLOW THE PRESENT WRIT APPEAL AND ETC. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) We have heard the learned Senior counsel appearing for the appellants as well as the learned counsel appearing for the respondents. 2. It is submitted by the learned Senior counsel that the question raised in these appeals is covered by judgment of the co-equal bench of this Court in WA No.34/2021 and connected cases by judgment dated 24.01.2025. This Court had held that the contract entered into by the appellants with GVPs/MFFs was a contract of service and that such contract can - 11 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 be terminated on allegations of malfeasance or misfeasance only after issuance of due notice. 3. It is submitted that the learned Single Judge had considered the contentions of the employees and had held that the impugned termination orders would stand quashed with liberty to the appellants to hold disciplinary enquiry within 8 weeks and if the employees are found not guilty, they would be entitled to reinstatement without consequential benefits. It is submitted that the said direction was stayed by this Court in these writ appeals. It is submitted that in view of the finding in the judgment dated 24.01.2025, the interim order of stay granted by the co-equal bench in these matters will have to be vacated and the orders of the learned Single Judge will have to be given effect to. 4. Learned counsel for the respondents submits that in many of these cases, there are findings that the employees were not at fault for the shortfalls alleged against them and that there will be no requirement for conducting the disciplinary enquiries against them. Annexure-N, which is produced along with the WP Nos.43037-43044/2015, which is the subject - 12 - NC: 2025:KHC:4781-DB WA No. 84 of 2021 C/W WA No. 680 of 2020 WA No. 177 of 2021 matter of WA No.84/2020 is sought to be relied on in support of this contention. 5. Having considered the contentions advanced and in view of the fact that the learned Single Judge had quashed the termination orders and directed the conduct of the enquiry and in view of the findings of paragraph 26 of the judgment dated 24.01.2025 in WA No.34/2021 and connected cases, we are of the opinion that the respondents would be entitled to the same relief. The writ appeals therefore fail. The same are accordingly dismissed. The directions of the learned Single judge in the judgments under appeal shall be given effect to at the earliest. Appropriate steps shall be taken within a period of four weeks from today. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 14