- 1 - HC-KAR NC: 2025:KHC:24366 WP No. 15463 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15463 OF 2020 (S-RES) BETWEEN: MR. S. VELMURUGAN S/O A SHIVASANKARAN AGED ABOUT 57 YEARS R/A NO.A 304 GARDEN MANSION APARTMENTS OLD AIRPORT ROAD, KODIHALLI BENGALURU-560008 NOW WORKING AS SENIOR MANAGER(TRG) HINDUSTAN AERONAUTICS LIMITED TRANSPORT AIRCRAFT DIVISION, KANPUR. …PETITIONER (BY SRI.THYAGARAJA S., ADVOCATE) AND: 1. THE BOARD OF DIRECTORS M/S HINDUSTAN AERONAUTICS LIMITED REG OFFICE NO.15/1, CUBBON ROAD BENGALURU-560001. 2. THE CHAIRMAN & MANAGING DIRECTOR (DISCIPLINARY AUTHORITY) M/S HINDUSTAN AERONAUTICS LIMITED REG OFFICE NO.15/1, CUBBON ROAD BENGALURU-560001. 3. THE CHIEF MANAGER(HR) M/S HINDUSTAN AERONAUTICS LIMITED TRANSPORT AIRCRAFT DIVISION KANPUR-01. …RESPONDENTS (BY SRI.PRADEEP S SAWKAR., ADVOCATE FOR R1 TO R3) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24366 WP No. 15463 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER OF REPLY ON APPEAL DATED:15.10.2020 ANNEXURE-A AND TO DIRECT THE R-3 TO FORWARD THE APPEAL OF THE PETITIONER TO R-1 CONDONE THE DELAY TO DECIDE THE APPEAL OF THE PETITIONER ON MERITS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has called in question the order dated 15.10.2020 vide Annexure-A passed by respondent No.3 (Appellate Authority), whereby the appeal filed by the petitioner has been dismissed on the ground of delay. 2. The case of the petitioner is that, he is working as a Senior Manager (Training) in M/s.Hindustan Aeronautics Limited, Transport Aircraft Division, Kanpur. While he was in service, a departmental enquiry was conducted against him. After conducting the enquiry, on 22.02.2020, vide Annexure-C, a major punishment of “reduction to a lower scale of pay, grade, or post” was imposed on the - 3 - HC-KAR NC: 2025:KHC:24366 WP No. 15463 of 2020 petitioner under Rule 6(ii)(g) of the HAL Conduct, Discipline and Appeal (CDA) Rules, 1984 (hereinafter referred to as ‘the Rules’). Aggrieved by the same, the petitioner filed an appeal before the Appellate Authority under Rule 14 of the Rules. As per Rule 14, the appeal has to be filed within 45 days from the date of imposition of the punishment. However, the appeal was filed on 25.09.2020, after a delay of seven months. 3. Learned counsel appearing for the respondents has submitted that there is no provision for condonation of delay under Rule 14 of the Rules and hence, the appeal was dismissed. Since the appeal has been filed beyond 45 days, that too, after a delay of 7 months from the date of imposition of the punishment. 4. As per Rule 14 of the said Rules, the appeal has to be filed within 45 days from the date the punishment was imposed. Since there was a delay in filing the appeal, the Appellate Authority dismissed the appeal by the impugned order. - 4 - HC-KAR NC: 2025:KHC:24366 WP No. 15463 of 2020 5. Therefore, there is no error or illegality in the impugned order dated 15.10.2020 passed by respondent No.3 (Appellate Authority) vide Annexure-A. The writ petition is devoid of merits. Accordingly, it is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 46