- 1 - NC: 2025:KHC:6094 WP No. 20411 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 20411 OF 2023 (S-RES) BETWEEN: SRI. MALLAPPA HULLALLI S/O LATE MAHANTAPPA AGED ABOUT 31 YEARS OFFICE AT MESCOM PANAMBOOR BRANCH BAIKAMPADI MANGALURU-575011. …PETITIONER (BY SRI. RAVINDRANATH K., ADV.) AND: 1. THE STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY TO DEPARTMENT OF TRAINING AND EMPLOYMENT VIDHANA SOUDHA BENGALURU-560001. 2. THE COMMISSIONER DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT KOUSHALYA BHAVAN DAIARY CIRCLE BENGALURU-560029. 3. THE SECRETARY KARNATAKA INDUSTRIAL EDUCATION COUNSEL KOUSHALYA BHAVAN Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6094 WP No. 20411 of 2023 BANNERGHATTA ROAD BENGALURU-560029. 4. THE DIRECTOR INDUSTRIAL TRAINING AND EMPLOYMENT COMMISSIONER OFFICE KOUSHALYA BHAVAN BANNERGHATTA ROAD BENGALURU-560029. 5. THE GENERAL MANAGER ADM AND HRD MESCOM, REGD. OFFICE AT PYARADIM PLAZA AB SHETTY CIRCLE MANGALURU-575001. 6. THE EXECUTIVE ENGINEER (ELE) DISCIPLINARY AUTHORITY WORK AND MAINTENANCE DIVISION MESCOM UDUPI-574118. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1 TO R4 SRI K.N. VASUKI, ADV. FOR SRI B.C. PRABHAKAR, ADV. FOR R5 & R6) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) TO ISSUE THE WRIT OF CERTIORARI OR ORDER QUASHING THE ORDER NO.KA.NI.IM(V)I.VU.RU./LE.A/ SA.LE.A/ HI.SA-1/22/23/18312- 16 OF APPOINTING THE ENQUIRY OFFICER DATED 10/03/2023 ISSUED BY THE OFFICE OF THE RESPONDENT NO. 5 AND 6 VIDE ANNEXURE-F TO THE WRIT PETITION 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 S.G.PANDIT - 3 - NC: 2025:KHC:6094 WP No. 20411 of 2023 ORAL ORDER The petitioner is before this Court questioning Annexure-F bearing No.PÁ¤EA(J)/EªÀÇgÀÄ/¯ÉC/¸À¯ÉC/»¸À-/22- 23/18312-16 dated 10.03.2023 Enquiry Officer’s notice to appear before the Enquiry Officer on 25.08.2023 and also for a direction to respondent No.4 to intimate the Office of respondent Nos.5 and 6 regarding Circular dated 21.10.2022 (Annexure-K) and order to issue correct genuine report to the office of respondent Nos.5 and 6. 2. Heard learned counsel Sri.Ravindranath K for petitioner; Smt.Prathibha R.K., learned Additional Government Advocate for respondent Nos.1 to 4 and Sri.K.N.Vasuki, learned counsel for Sri.B.C.Prabhakar, learned counsel for respondent Nos.5 and 6. Perused the writ petition papers. - 4 - NC: 2025:KHC:6094 WP No. 20411 of 2023 3. The petitioner was appointed as Lineman by order dated 10.04.2015 and he was confirmed by order dated 14.09.2017. An enquiry came to be instituted against the petitioner on the ground that marks cards submitted by him at the time of his appointment are not genuine and one Sri.Ravindranath H.B., a retired District and Sessions Judge was appointed as Enquiry Officer. The said Enquiry Officer issued notice at Annexure-F dated 10.03.2023, directing the petitioner to appear before him on 25.08.2023. Questioning the said notice, the petitioner is before this Court and also for a direction to respondent No.4 to get the correct genuine report with regard to his marks cards. 4. Learned counsel for the petitioner would submit that, to enquire into similar allegations against other employees in terms of direction of this Court, one Sri.Nanjunda Swamy, a retired District and Sessions Judge is appointed as Enquiry Officer and he submits that the same Enquiry Officer be appointed in case of the petitioner also in place - 5 - NC: 2025:KHC:6094 WP No. 20411 of 2023 of the present Enquiry Officer Sri.H.B.Ravindranath. Further, learned counsel would submit that in case of some other employees where similar allegations were made, the respondents have obtained genuine report and on the said genuine report, employees have been reinstated into service. In the instant case also, he prays for similar procedure to obtain genuine report in respect of petitioner’s marks cards and to continue the petitioner. 5. Per contra, learned counsel Sri.K.N.Vasuki appearing on behalf of Sri.B.C.Prabhakar, learned counsel for respondent Nos.5 and 6 would submit that, to enquire into the genuineness of the petitioner’s marks cards, one Sri.Ravindranath H.B., a retired District and Sessions Judge is appointed as Enquiry Officer and he further submits that the petitioner cannot choose the Enquiry Officer of his choice. It is for the Disciplinary Authority to appoint the Enquiry Officer and further he submits that the present Enquiry Officer is also a retired District and Sessions Judge. Hence, he submits that it would not make - 6 - NC: 2025:KHC:6094 WP No. 20411 of 2023 any difference. Thus, he prays for dismissal of the writ petition. 6. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the petitioner would not be entitled for any relief as prayed in the writ petition. 7. Annexure-F/notice is issued to the petitioner by the Enquiry Officer to appear before him on 25.08.2023 to proceed with the enquiry. The said notice has spent itself. Moreover, the petitioner cannot choose the Enquiry Officer of his choice. It is for the Disciplinary Authority to appoint competent Enquiry Officer. The Enquiry Officer Sri.Ravindranath H.B. is a retired District and Sessions Judge and in the absence of any allegations against the said Enquiry Officer, it would not be expedient to replace the said Enquiry Officer. 8. The petitioner has sought for a direction to respondent No.4 to get a fresh genuine report on the - 7 - NC: 2025:KHC:6094 WP No. 20411 of 2023 marks cards of the petitioner. The enquiry instituted against the petitioner and Enquiry Officer is appointed only to find out the genuineness of the marks cards of the petitioner. Therefore, the question of obtaining fresh genuineness report would not arise. 9. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 7