- 1 - HC-KAR NC: 2025:KHC:23690 WP No. 18442 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18442 OF 2024 (S-PRO) BETWEEN: SRI. D NAVEEN S/O SRI DEVENDRAPPA A G AGED ABOUT 39 YEARS ASSISTANT ENGINEER (ELE) PIN 15941, BESCOM VARTHUR (O AND M) UNIT E-43 SUB DIVISION, WHITEFIELD BENGALURU-560066. …PETITIONER (BY SMT. SIRI RAJASHEKAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT OF ENERGY, VIKASA SODUHA DR B R AMBEDKAR VEEDHI, BENGALURU-560001 REPT BY ITS UNDER SECRETARY. 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED KAVERI BHAVAN K G ROAD BANGALORE-560009 REPT BY ITS MANAGING DIRECTOR. 3. THE DIRECTOR (A AND HR) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED KAVERI BHAVAN K G ROAD BANGALORE-560009 …RESPONDENTS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23690 WP No. 18442 of 2024 (BY SRI. B J ESWARAPPA, AGA, FOR R1: SMT. RAKSHITHA D J, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO PROMOTE THE PETITIONER FROM THE POST OF ASSISTANT ENGINEER (ELE) TO ASSISTANT EXECUTIVE ENGINEER (ELE) WITH EFFECT FROM 26.06.2024 BY CONSIDERING THE REPRESENTATION DATED: 04.05.2024 VIDE ANNEXURE-E AND ETC. 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 This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following reliefs: “(a) Issue a writ of mandamus directing the respondent NO.2 to promote the petitioner from the post of Assistant Engineer (Ele) to Assistant Executive Engineer (Ele) with effect from 26.06.2024 by considering the representation dated 04.05.2024 vide Annexure-E; (b) Issue a writ of mandamus directing the respondent No.2 to open the sealed cover and promote the petitioner to the post of Assistant Executive Engineer (Ele).” - 3 - HC-KAR NC: 2025:KHC:23690 WP No. 18442 of 2024 2. The case of the petitioner is that the he was appointed as Junior Engineer (Ele) in the second respondent – Corporation in the year 2006. On 13.01.2017, he was promoted as Assistant Engineer (Ele). When he was working as Assistant Engineer, FIR has been registered against him on 18.04.2022, for an offence punishable under Section 7A of the Prevention of Corruption Act. Thereafter, the petitioner has been kept under suspension. Later, his suspension has been revoked. For promotion to the post of Assistant Executive Engineer, the names of the Assistant Engineers were short listed. The petitioner’s name has also been short listed for promotion and placed before the DPC held on 11.03.2024. Since a criminal case was pending against the petitioner, the petitioner’s name has been kept under the sealed cover. Being aggrieved by the same, the petitioner is before this Court. 3. The learned counsel for the petitioner contended that, till today, no charge sheet has been filed in respect - 4 - HC-KAR NC: 2025:KHC:23690 WP No. 18442 of 2024 of the FIR produced as Annexure-B. As on the date of the DPC, if no charge memo has been issued or charge sheet has been filed, the respondents could not resort to procedure of sealed cover. In support of her contention she relied on the judgment of the Apex Court in the case of UNION OF INDIA AND OTHERS vs. K.V.JANKIRAMAN AND OTHERS reported in (1991) 4 SCC 109. 4. The learned counsel for the respondent – Corporation contended that, as on the date of the DPC held to consider promotion to the post of Assistant Executive Engineer, a criminal case was pending against the petitioner, the FIR has been filed under Section 7A of the Prevention of Corruption Act. Since there was a serious allegation against the petitioner, the case of the petitioner has been kept under sealed cover. 5. She further submitted that the competent authority has also sanctioned for prosecution of the petitioner on 29.02.2024. Therefore, the authority has - 5 - HC-KAR NC: 2025:KHC:23690 WP No. 18442 of 2024 kept the name of the petitioner under the sealed cover. Hence, she sought for dismissal of the petition. 6. It is not in dispute that the petitioner’s name has been short listed for promotion to the post of Assistant Executive Engineer. The DPC by its meeting dated 11.03.2024 short listed the name of the petitioner. It is also not in dispute that a criminal case was pending against the petitioner as per FIR vide Annexure-B. It is also not in dispute that the competent authority has granted sanction for prosecution of the petitioner for an offence punishable under Section 7A of the Prevention of Corruption Act. The DPC was held on 11.03.2024. As on that day, there is no charge sheet filed. The Apex Court in the case of JANAKIRAMAN (supra) has held as follows: “16. On the first question, viz., as to when for the purposes of the sealed cover procedure the disciplinary/criminal proceedings can be said to have commenced, the Full Bench of the Tribunal has held that it is only when a charge-memo in a disciplinary proceedings or a chargesheet in a - 6 - HC-KAR NC: 2025:KHC:23690 WP No. 18442 of 2024 criminal prosecution is issued to the employee that it can be said that the departmental proceedings/ criminal prosecution is initiated against the employee. The sealed cover procedure is to be resorted to only after the charge-memo/charge- sheet is issued. The pendency of preliminary investigation prior to that stage will not be sufficient to enable the authorities to adopt the sealed cover procedure. We are in agreement with the Tribunal on this point. The contention advanced by the learned counsel for the appellant-authorities that when there are serious allegations and it takes time to collect necessary evidence to prepare and issue charge-memo/charge-sheet, it would not be in the interest of the purity of administration to reward the employee with a promotion, increment etc. does not impress us. The acceptance of this contention would result in injustice to the employees in many cases. As has been the experience so far, the preliminary investigations take an inordinately long time and particularly when they are initiated at the instance of the interested persons, they are kept pending deliberately. Many times they never result in the issue of any charge- memo/chargesheet. If the allegations are serious and the authorities are keen in investigating them, ordinarily it should not take much time to collect the relevant evidence and finalise the charges. - 7 - HC-KAR NC: 2025:KHC:23690 WP No. 18442 of 2024 What is further, if the charges are that serious, the authorities have the power to suspend the employee under the relevant rules, and the suspension by itself permits a resort to the sealed cover procedure. The authorities thus are not without a remedy. It was then contended on behalf of the authorities that conclusions Nos. 1 and 4 of the Full Bench of the Tribunal are inconsistent with each other. Those conclusions are as follows: "(1) consideration for promotion, selection grade, crossing the efficiency bar or higher scale of pay cannot be withheld merely on the ground of pendency of a disciplinary or criminal proceedings against an official; (2) (3) (4) the sealed cover procedure can be resorted only after a charge memo is served on the concerned official or the charge sheet filed before the criminal court and not before.” 7. In view of the above, since the charge sheet is not yet filed as on the date the DPC was held, the writ petition requires to be allowed. - 8 - HC-KAR NC: 2025:KHC:23690 WP No. 18442 of 2024 8. Accordingly, this writ petition is alalowed in part, directing respondent No.2 to open the sealed cover and consider the case of the petitioner for promotion, in accordance with law, if he is otherwise eligible. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 52