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2025 DAILYLAW 56136 (KAR)

P. NAGARAJU v. D. DEVARAJ URS BACKWARD CLASSES DEVELOPMENT CORPN LTD

WP/813/2021 · 2025-07-29

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29013 WP No. 813 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 813 OF 2021 (S-RES) BETWEEN: P. NAGARAJU AGED ABOUT 60 YEARS S/O LATE PUJARI KONDAIAH RETD. DISTRICT MANAGER 341, 1ST CROSS, TEACHERS COLONY ISEC MAIN RAOD, NAGARABHAVI 1ST STAGE BENGALURU-560072. …PETITIONER (BY SRI. VINAYA KEERTHY M., ADVOCATE) AND: D. DEVARAJ URS BACKWARD CLASSES DEVELOPMENT CORPORATION LTD 16-D, 4TH FLOOR, DEVARAJ URS BHAVAN MILLERS TANK BUND AREA VASANTHNAGAR, BENGALURU-560052 REP. BY ITS MANAGING DIRECTOR …RESPONDENT (BY SRI.AMBRISH B.N., ADVOCATE FOR SRI SANTHOSH S NAGARALE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE PETITIONERS REPRESENTATION DATED: 29.9.2020 ANNEXURE -E AND RELEASE ALL HIS RETIREMENT BENEFITS, GRANT AN INTERIM ORDER TO DIRECT THE RESPONDENTS TO RELEASE ALL HIS RETIREMENT BENEFITS IMMEDIATELY AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29013 WP No. 813 of 2021 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for the following prayers: a) Issue a writ of mandamus directing the respondent to consider the petitioner’s representation dated 29.09.2020 (Annexure-E) and release all his retirement benefits; b) Pass such other relief/s as this Hon’ble Court may deem fit & proper, in the interest of justice and equity. 2. The case of the petitioner is that he was appointed as a District Manager in the respondent-Company. He retired from service on 29.02.2020. When he was in service, a complaint was lodged by one Mr.S.Eshwar and accordingly a criminal case came to be registered against him. After filing of charge sheet, the case was registered as Spl.C.C.No.47/2010 before the XXII Addl. City Civil & Sessions Judge and Special Judge, Bengaluru. In the said case, the petitioner has been acquitted by order dated - 3 - HC-KAR NC: 2025:KHC:29013 WP No. 813 of 2021 02.12.2016 vide Annexure-B. Parallelly, the respondent entrusted the matter to Lokayuktha to conduct departmental enquiry and accordingly the Upalokayuktha initiated departmental enquiry proceedings against the petitioner and submitted recommendations dated 03.03.2020 holding the petitioner as guilty and recommended for imposing penalty of withholding 50% of pensionary benefits payable to the petitioner vide Annexure-C. Thereafter, the petitioner has submitted a representation on 29.09.2020 requesting the respondent to release his retirement benefits vide Annexure-E. Since the respondent No.2 has not taken any action on the representation, the petitioner is before this Court. 3. The learned counsel appearing for the respondent submits that if this Court grants some reasonable time, the representation submitted by the petitioner will be considered in accordance with law. - 4 - HC-KAR NC: 2025:KHC:29013 WP No. 813 of 2021 4. In view of the above, without expressing any opinion on merits of the case, the writ petition is disposed of. 5. The respondent is directed to consider the representation dated 29.09.2020 at Annexure-E submitted by the petitioner, in accordance with law and as expeditiously as possible, not later than three months from the date of receipt of the certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 15