- 1 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103035 OF 2021 (S-RES) BETWEEN: FAKIRAPPA S/O. NAGAPPA VARAVI, AGE: 31 YEARS, R/O: HALIGERI, TALUK: DHARWAD, DIST: DHARWAD. …PETITIONER (BY SRI. J. S. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SERETARY, DEPARTMENT OF ENERGY, VIKAS SOUDHA, B R. AMBEDKAR VEEDI, BENGALURU – 560 001. 2. HUBBALLI ELECTRICITY SUPPLY COMPANY LTD,, NAVANAGAR DHARWAD – 580 025, BY ITS CHAIRMAN. 3. EXECUTIVE ENGINEER (ELE), HUBBALLI ELECTRICITY SUPPLY COMPANY LTD., O AND M RURAL DIVISION, DHARWAD, DHARWAD – 580 001. 4. DIRECTOR (FINANCE), HUBBALLI ELECTRICITY SUPPLY COMPANY LTD., RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.10.31 06:27:36 +0000 - 2 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 NAVANAGAR, DHRWAD – 580 025. 5. SUPERINTENDING ENGINEER (ELE) HUBBALLI ELECRITCITY SUPPLY COMPANY LTD, O AND M CIRCLE HUBBALLI, DHARWAD – 580 023. …RESPONDENTS (BY SRI. B.S.KAMAT, ADVOCATE FOR R2 TO R5; SMT. GIRIJA S. HIREMATH, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER NO.485/ DHA GRA.V/KA/LE/ SALE/ HISA(KAM) KA-54/2021-22/3058-61, DATED 28.7.2021 PASSED BY THE 3RD RESPONDENT THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A AND ALSO THE ENDORSEMENT/LETTER NO.HUVSAKAMNI/NI/ KAM AND LE)/ ULENI.KAM/ LE/KAM/ SALEKAM/ OM/1/1-22/ CYS 264 DATED 28.7.2021 ISSUED BY THE FOURTH RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE B AND ALSO THE NOTIFICATION NO.AAIM(V)/ ULENI/HISA-1/2021-22/ CYS- 309 DATED 29.7.2021 ISSUED BY THE 4TH RESPONDENT THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-C. DIRECTION MAY KINDLY BE ISSUED AGAINST THE RESPONDENTS TO REINSTATE THE PETITIONER IN SERVICE IN THE POST OF THE GRAMA VIDYUTH PRATINIDHIS, WITH FULL BACK WAGES, CONTINUITY OF SERVICE AND ALL OTHER CONSEQUENTIAL BENEFITS AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a writ of certiorari to quash the order No.485/ Dha Gra.v/Ka/Le/ Sale/ HiSa(Kam) Ka-54/2021- 22/3058-61, dated 28.7.2021 passed by the 3rd respondent the copy of which has been produced herewith and marked as Annexure-A and also the endorsement/letter no. HuVSaKamNi/ Ni/ Kam&Le)/ ULeNi.Kam/ Le/ Kam/ Salekam/ OM/ 1/ 1-22/ CYS + 264 dated 28.7.2021 issued by the fourth respondent, the copy of which has been produced herewith and marked as Annexure B and also the notification no.AaIm(V)/ ULeNi/HiSa- 1/2021-22/ CYS-309 dated 29.7.2021 issued by the 4th respondent the copy of which has been produced herewith and marked as Annexure-C. B. Direction may kindly be issued against the respondents to reinstate the petitioner in service in the post of the Grama Vidyuth Pratinidhis, with full back wages, continuity of service and all other consequential benefits. C. Any other writ or direction which this Honorable court deems fit to grant in the facts and circumstances of the case, may kindly be granted in favour of the petitioners, by allowing this writ petition, in the ends of justice and equity. 2. Heard the learned counsel Shri J.S. Shetty appearing for the petitioner; the learned counsel Shri B.S. Kamate - 4 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 appearing for repsndent Nos.2 to 5; and the learned HCGP Smt. Girija S.Hiremath appearing for respondent No.1. 3. The petitioner is appointed as a Grama Vidyut Prathinidhi (for short “GVP”). His services come to be terminated on account of certain misconduct. The Coordinate Bench of this Court, in identical circumstances, considering the termination orders passed by the respondent-Corporation against several employees, in terms of its order dated 31.08.2020, disposed the petitions by the following order: In the above circumstances, these writ petitions are favoured in part: i) A writ of certiorari issues quashing the impugned Orders whereby GVPs' claim absorption/regularization and for the grant of wages in regular pay scales has been rejected; ii) A writ of mandamus issues to the first respondent to frame a Fair Scheme for considering the claim of GVPs for regularization/absorption: in service, keeping in view the High Level Committee Recommendations; the current services of the GVPs shall rot be dispensed with except on the ground of proven delinquency or the like; iii) A writ of mandamus issues to the respondents to identify the posts whose Job Chart substantially matches with the work being done by the GVPs and to pay them the wages in the minimum of the pay scales admissible to such posts, having in mind the Recommendations of High Level Committee and - 5 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 observations in Kollaiah Case, with effect from 02.10.2020, being the Jayanthi of Father of the Nation; iv) A writ of certiorari issues quashing the impugned termination orders in W.P.No.43037/2015 and in W.P.No.44902/2015, with liberty to hold disciplinary enquiry within eight weeks; if not found guilty, these petitioners shall be reinstated without any consequential benefits such as back wages, counting of service, etc.; and v) The respondent-Govt., KPTCL and the ESCOMS shall report compliance of above directions to the Registrar General of this Court within two weeks following the expiry of respective periods prescribed in the paragraphs, supra. Now, no costs. 4. The order so passed was tossed by the Corporation before the Division Bench. The Division Bench in terms of its order dated 24.01.2025 has not disturbed the findings qua the termination orders on stigma. The foundation for passing the order of the learned Single Judge insofar as it depicts stigmatic removal is found in clause-H of the order of the learned Single Judge, it reads as follows: (h) Stigmatic removal of GVPs & Non-renewal of so Called 'service contracts' by issuing fresh MOU: (i) In connected W.P.No.27417/2015 & W.P.No.44902/2015 the GVPs have laid a challenge to the - 6 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 punitive orders of their removal from service on the ground that the principles of natural justice have not been followed, much less any enquiry was conducted preceding such removal a few of them have the grievance that because of some allegations that are not substantiated in enquiry or otherwise, have been discontinued from service there being no renewal of MOA; in support of their case, their learned Advocates bank upon the decisions of a Co-ordinate Bench of this Court granting relief to the similarly circumstanced GVPs who had suffered removal from service sans enquiry or non-renewal of MOU; they also press into service the doctrine of legitimate expectation, this assertion is not much controverted by the other side; however it is contended that the delinquen: GVPs had misappropriated funds and were not punctual in the performance of their duties and therefore their removal/non-removal of their engagement cannot be faltered; (ii) For employees in the lower rung of service, removal from job is a serious matter, atleast for those for whom, job is the only means to hold body and soul together, as is the case here, the act of snatching away the means of livelihood may amount to taking away the life itself and therefore it is a gross breach of fundamental right to life & liberty guaranteed under Article 21 of the Constitutior: vide OLGA TELLIS Vs. BOMBAY MUNICIPAL CORPORATION (1985) 3 SCC 545; before punishing Adam & Eve, for their eating forbidden fruit, even God is said to have given an opportunity of hearing, that being the sanctity of principles of natural justice which the Apex Court has read inter alia into Article 14, the impugned action is liable to be set aside reserving liberty to the concerned ESCOMs to hold enquiry in the matter in a time bound way. - 7 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 5. The Coordinate Bench of this Court clearly holds that on stigma, without notice or without opportunity of hearing, the services of those petitioners could not have been dispensed with or terminated. The petitioners in the case at hand are similarly circumstanced. Their orders of termination is dated 02.08.2021. The order reads as follows: ! "#$%&'(%))*+,"- (./0.10.23 (. .456 178009 0.:7(:.1;%.( <"=0.23 1+>%.(5? @A8-B. *C *0. 0.:7(:* DE7"0.% ? 0.: (.5.; F ."G HIJ *.7? J%(K%(%.? -0.(% LKLM0.23 NK(9%.( OM % M0.. (.PC " <8"K%6 J /P>0. E(IQ-R. (0KI" (%B. S BK5D%.5;( H OM %.% T6U? T6U? T6U? T6UV*/6<95(."F&WXY(%B.?T6UT/6< (.Z4: (% (.5.; T/6< (: Y(%B (0 [ .? \63 5%] (.5.; 0. (C1 (0KI"9%.5; ?^ %(.:(97(:>%.(_F3 *- (CF. (0M *G(.` N " NZ( 5% 5aG F . 7M>%.( *.Lb+, .456 %L%E. 7 /"- NZ( 70..#;C+> I423 0. (0KI"9%.5; ? ^ % (.:(9 (0M%.(_F3 NF3 " *G .%.0C"M>CM%.1;- ( (0 c .0..` 1 1B d" CB eG:C+I". *C (0 c Y(%B (%B.` N " >X(06 N % G 0.5 23 N6 C"K (0KI"9%.5; ^ %G0.5 23N "(0M%.(_F3 - 8 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 f'< %(%. 5(_ 70..5(9 (0K.( (0 c .? \F3 5%] (.5.; 0. (C2 0.:+ 00(_ " 5C % NMgR.F3 -"10.23 *% Y(%B.? <8"K%B.? (.5.; 5-(5:+ (0 NB(M? 5%] -(5:B (0 c .? * C/4 *C Y(%+ .456 7F.K (0K.( 0.: 23*.Lb+, .456%L%E.7R. *-I"9%.5; ^ %SF(.`(0M%.(_F3 .45%L%E.IJ5 C%.+ Q23? *-"( " C%(Gh 7KI"9%.5; ? ^ % *- "( " C%(GhA40..`7"M%.(_ F3 N8"i5 .456 :(.` (.C+F. *-I"9%.5; ^ %*- N0.- Y(%B YBB.` 5; */jF. *->%.(_F3 *B0. NZ( *9%.( (0B.` .-1>? H5;(. (0+ N.CF(.(5 (%0..` IJ WX N8-+ 23>%.(_F3 \" " (.5.; T6\ (: 7"%. %L%E. Y(%B(05-I"9%.5; ?^ %\F.35->%.(_F3 \" "? 7"%. %L%E. *C 7"%(- "k6+ -(5:B (0B c . *C (0 > .0.23 00(_ " (454B. H IJ /"- (% (0KI"95.;^ %(%0..`7"M .(_F3 (.PC "<"KJ% /P>0.B. 5(. ( 9>%.( .%.5. UXI4K6l ->70.5:(47(:5$ .QS.%.5.UX0..` .>Y0.23D->CB,5$ .QS7UX23( 9>%.(N(@B.`(.PC " <8"K% J /P>B. .%.0C"M>CB,5$ QF3 ^ % N(@B.` .%.0C"M>CM%.1;"- 00(_ " %G$ Y(% .456 :(.` M5C+> N5* Y(% (0 23 O9%.( N1(. -"M6.` ^%6^%6A4 N.% O2>CK. N.L J% (.C0. % (010..` 23I"9%.5; ^ % N.L J% (.C0. %(0123>%.(_F3 - 9 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 456%L%E.70..FF$ U.( 456 .%a5 JB .-5. (04E5 N-(_ (..M.(F3 JF%9%.1;"F3 *C .45 : K0.F. Dmn.( (:E7- C; *0. NZ( (0: @: 7"M .456 : K0.F. N.-I" 70. 70.(.BLo(017"KI"95.;?^ % C;(057"M%.(_F3 S TF3 70.(.B. 5(.p E(IQ-B.` -009 7(: " D%.(_ . <"=0.23 1+>%.(5 %.E.(5(.5; ^ Q- TTJ6TJ6 \< [KLM0.23 NK(9%.( F %23 OM %HO\ %23(.PC "<"K% /P>0.B.S[& LKLM0.23 00(_ " q%5.; *K. 7L B.` 2F. 0.:7(F. JF%9%.1;"- *C % % T(06T/6T6%(%. [& 70.(.B.` 2.(23 (GhE4 "( e% 0C"E0. % 0.:7(:*]0.23 JF%9 HF3r] (0M%.1;"-? ^ Q- ! " #$%&? ' (% ।। *+,"- D(- (>CWX F 0.:B.` -009 7IJR. " D%.(_ . <"=0..% \"59%.5; ^ Q- *- K *G(.` .%.0C" M>CK [W.X Y(% A4 (C5; %C ? Bq.X*C."W%(0M>CK.5;" . *- K (C5;%C Bq.X D%.5; ? ^ Q- - (C5;(.` S ^ "@ CB9 (M5$ .Q? [ . ("B (1 Q% 5(_ S /"- 7"M I4 4%U0..` (..W.XCF. *#CB,.(_ . 1+.5;? 5% I# H+ (C5;(.` 5(.p ^>;0.(."IC"sCM .(_ .^ Q- -TF3q0.B.` -Gh>70.70.(0.%(0MCM%.([& (.`N % T(06c0.. .` % .QM>? - 5aG s- L%.(5F (sC+9 6. Perusal of the order would clearly indicate that it does cast stigma upon the employee. Therefore, the finding rendered by the learned Single Judge quoted Supra would become applicable to the case at hand as well. The Division Bench has not disturbed the said finding at clause-H which - 10 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 speaks of the stigmatic removal of the GVPs. The petitioner similarly placed is entitled to a similar order at the hands of this Court. Learned counsel Shri B.S. Kamate submits that the notice as observed by the learned Single Judge is already issued to the petitioner and the petitioner has failed to appear before the competent authority to submit his explanation. 7. Be that as it may, the order quoted supra undoubtedly casts stigma which could not have been passed without at the outset issuance of notice and rendering an opportunity of hearing. In that light, the petition deserves to succeed albeit in part. Accordingly, the following: ORDER (i) The petition is allowed in part. (ii) The order dated 28.07.2021 passed by the third respondent vide Annexure-A, the endorsement dated 28.07.2021 issued by the fourth respondent vide Annexure-B; and the notification dated 29.07.2021 issued by the fourth respondent vide Annexure-C stand quashed. (iii) The respondent shall issue notice to the petitioner. Upon notice to the petitioner, the - 11 - HC-KAR NC: 2025:KHC-D:14598 WP No. 103035 of 2021 petitioner shall submit his reply to the said notice and the proceedings be taken to its logical conclusion by the respondents. (iv) All consequential orders would depend upon the orders that would be passed as directed herein above. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 66