- 1 - HC-KAR NC: 2025:KHC:42839-DB WA No. 1101 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1101 OF 2024 (L-RES) BETWEEN: 1. SRI MAHADEVASWAMY S/O LATE MALLANNA, AGED ABOUT 59 YEARS, HABBASUR VILLAGE, CHAMARAJANAGAR TALUK AND DISTRICT-571342 KARNATAKA. …APPELLANT (BY SRI. MUKKANNAPPA S B., ADVOCATE) AND: 1. THE CHAIRMAN CAUVERY KALPATHTARU, GRAMEENA BANK, HEAD OFFICE, CA-20, VIJAYANAGARA 2ND STAGE, MYSORE-570017 …RESPONDENT (BY SRI. T P MUTHANNA., ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 31.05.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-47606/2017 IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42839-DB WA No. 1101 of 2024 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed by the appellant being aggrieved by the judgment and order dated 31.05.2024 passed in W.P.No.47607/2017. 2. The appellant was working in respondent - Bank namely, Cauvery Kalpatharu Grameena Bank as a messenger- cum-sweeper since 1983. He faced disciplinary proceedings for the charge of withholding of a cheque book having 10 leaves of a account holder in the bank and for forging the signature of the account holder and thereby withdrawing a sum of Rs.40,000/- from the said account. 3. The details of misusing of the cheque and the amount withdrawn against each leaf has been given in paragraph-11 which is part of Charge No.2. The appellant had faced disciplinary enquiry for as many as 8 charges and the enquiry officer found the charges proved against the appellant. - 3 - HC-KAR NC: 2025:KHC:42839-DB WA No. 1101 of 2024 The Disciplinary Authority considering the gravity of the charges proved against the appellant imposed the punishment of dismissal from service. The Appellate Authority confirmed the order passed by the Disciplinary Authority. The Labour Court, however, has been of the view that the enquiry conducted against the appellant suffered perversity and there was victimization on the part of the employers. 4. The learned Single Judge having considered the entire material brought on record as well as the confession made by the appellant of withdrawing a sum of Rs.40,000/- from the bank account bearing No.2679 of Smt. Shivananjamma as well as the fact that the appellant had never denied that he withheld one cheque book of the said account holder having 10 cheque leaves has allowed the petition filed by the respondent- Bank and set aside the order passed by the Labour Court. 5. We have perused the impugned judgment of the learned Single Judge as well as the order passed by the Labour Court. The appellant in his pleading nowhere has stated that he did not withhold the cheque book of Smt. Shivananjamma - 4 - HC-KAR NC: 2025:KHC:42839-DB WA No. 1101 of 2024 having account bearing No.2679 in the respondent - Bank. This itself would suggest the gross misconduct committed by the appellant. We find no reason to interfere with the impugned judgment and order and therefore, the writ appeal is dismissed, however, without costs. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 6