- 1 - NC: 2025:KHC:622-DB WA No. 1307 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH WRIT APPEAL NO. 1307 OF 2023 (S-DIS) BETWEEN: 1. THE GENERAL MANAGER, CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED, 120, MCC COLONY, JYOTHI NAGAR, MYSURU-570 011. 2. THE CHIEF ENGINEER (ELE) AND APPELLATE AUTHORITY, MYSURU RANGE, CESCOM, MYSURU-570 011. 3. THE SUPERINTENDENT (ELE) AND DISCIPLINARY AUTHORITY, CESCOM, MYSORE. …APPELLANTS (BY SRI. S SRINIVAS, ADVOCATE FOR SRI. SANJEEV B L, ADVOCATE) AND: SRI. K. NAGARAJ, S/O. LATE KRISHNA, AGED ABOUT 58 YEARS, Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:622-DB WA No. 1307 of 2023 JUNIOR ASSISTANT (SINCE DISMISSED), CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED, NO. 120, MCC COLONY, JYOTHINAGAR, MYSURU-570 011. …RESPONDENT (BY SRI. RANGANATHA S JOIS, ADVOCATE FOR C/R) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 01/09/2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.509/2012(S-DIS) AND CONSEQUENTLY DISMISS THAT WRIT PETITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The appellants have filed the present appeal challenging the order dated 01.09.2023 in WP No.509/2012, whereby the learned Single Judge has allowed the writ petition by stating in paragraphs No.9 to 13 as under: - 3 - NC: 2025:KHC:622-DB WA No. 1307 of 2023 “9. In my view, having regard to the charges of unauthorized absence for a few days, the respondents could not have imposed a disproportionate punishment of dismissal from service. 10. It is also noticed that the copy of the enquiry report has also not been furnished to the petitioner and this is yet another ground to set aside the order of punishment imposed by the disciplinary authority, which has been confirmed improperly by the Appellate Authority. 11. I am, therefore, of the view that the order of dismissal from service liable to be set aside and it is accordingly set aside. 12. Consequently, the respondents are directed to reinstate the petitioner into service with continuity of service, within two months from the date of receipt of a copy of this order. However, the petitioner is not entitled to any back-wages. 13. The writ petition is accordingly allowed.” 2. The submission of learned counsel for the appellants by drawing our attention to the charge sheet issued to the respondent is that, the charges framed are of very serious nature and as such, the learned Single Judge - 4 - NC: 2025:KHC:622-DB WA No. 1307 of 2023 overlooking the charges could not have passed the impugned order. 3. On a specific query as to how the charge sheet was issued after a period of five years from the date of alleged misdemeanor in the year 2005, no justification is forthcoming. Even the charge No.4 on which much stress was placed by the learned counsel for the appellants is concerned, the same also relates to absence for two days on 22.05.2009 and 23.05.2009 respectively. Surely absence of two days could not have resulted in the imposition of the penalty of dismissal from service. 4. The plea that because of the absence of the respondent on those two days, a duplicate key had to be made, to open the cash chest also, is not appealing as the absence of two days cannot result in a harsh punishment of dismissal. In any case, nothing precluded the appellants to send a person/employee to the house of the respondent to retrieve the key of the cash chest. Having not done that and got a duplicate key made would not - 5 - NC: 2025:KHC:622-DB WA No. 1307 of 2023 make the charge of absence for two days so serious to entail dismissal. 5. We do not see any merit in the appeal. The same is dismissed. 6. In view of dismissal of the appeal, IA No.2/2024 is disposed of as infructuous. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (S RACHAIAH) JUDGE PA List No.: 1 Sl No.: 10