SRI B L MANJUNATH v. THE GENERAL MANAGER ( A AND HR)
RP/522/2024 · 2025-06-06
Rajesh Rai K
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 33991 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33991 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19478-DB RP No. 522 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO , ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE RAJESH RAI K REVIEW PETITION NO. 522 OF 2024
BETWEEN:
SRI.B L.MANJUNATH, S/O T.LAKSHMANAIAH, AGED ABOUT 46 YEARS, R/AT NO. 1, 1ST CROSS, BELAGUMABA, BELAGUMBA POST, TUMKUR DISTIRCT-572 104. …PETITIONER (BY SRI. SRINIVASA K., ADVOCATE) AND:
1.
THE GENERAL MANAGER (A AND HR), BESCOM, K.R.CIRCLE, BANGALORE-560 001.
2.
THE SUPERINTENDING ENGIENEER (ELEC), BESCOM, BANGALORE EAST CIRCLE, 5TH MAIN ROAD, HRBR LAYOUT, 2ND BLOCK, BANGALORE-560 043.
3.
THE EXECTIVE ENGINEER (ELEC), O AND M VIDHANA SOUDHA DIVISION,
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:19478-DB RP No. 522 of 2024
BESCOM, NO.32/1/2, CRESCENT BUILDING, CRESCENT ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI. VIKRAM UNNI RAJAGOPAL., ADV. FOR R1 TO R3)
THIS REVIEW PETITION IS FILED UNDER 47 RULE 1 R/W SECTION 114 OF CODE OF CIVIL PROCEDURE PRAYING TO REVIEW THE ORDER PASSED IN W.A.NO.794/2023 (S-RES) DATED 29.07.2024 VIDE ANNEXURE-A AND ALL OTHER BENEFITS TO MEET THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND HON'BLE MR JUSTICE RAJESH RAI K
ORAL ORDER (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)
This Review Petition has been filed seeking review of the order dated 29.07.2024 passed by this Court in WA No.794/2023, whereby this Court had allowed the appeal filed by the appellant/respondent-BESCOM.
2. The review is sought primarily on the ground that, the appellants/respondents in this petition, who had invoked the Regulation-14 of the Karnataka Electricity
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HC-KAR NC: 2025:KHC:19478-DB RP No. 522 of 2024
Board Employees (Classification, Disciplinary Control and Appeal Regulations, 1987 ( ‘Regulations’ for short) could not have invoked the same, in view of the applicability of Regulations-11, 12 & 13 of the said Regulations.
3. According to the learned counsel for the appellant, the respondents were required to conduct a normal Departmental Enquiry. Having not done that, the learned Single Judge has rightly set aside the order of dismissal of the review petitioner from the service. The other ground urged by the learned counsel for the appellant is that the penalty of dismissal imposed on the review petitioner is too harsh.
4. We are unable to agree with the submissions made by the learned counsel for the review petitioner for more than one reason, firstly the pleas urged are not available for the review petitioner to seek review of the
order passed by this Court, as there is no error apparent on the face of the record. Secondly the plea urged denotes
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HC-KAR NC: 2025:KHC:19478-DB RP No. 522 of 2024
that, the review has been sought on the merits of the conclusion drawn by this Court in the impugned order. That apart, this Court had rightly held that the dismissal of the review petitioner invoking the Regulation-14 of the said Regulations is justified, as the said Regulation is an exception to Regulations-11, 12, & 13 of the Regulations, wherein the competent authority has power to take action against the employee for certain misconduct.
5. In view of the above, the Review Petition being without merit, is dismissed.
Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE
Sd/- (RAJESH RAI K) JUDGE
KGR* List No.: 19 Sl No.: 2