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2025 DAILYLAW 67972 (KAR)

P. LATHA v. BOARD OF DIRECTORS

WP/16741/2025 · 2025-07-31

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29643 WP No. 16741 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16741 OF 2025 (S-RES) BETWEEN: P. LATHA W/O. SRI T. V. MOHANAN AGED 62 YEARS RETIRED AS OFFICE SUPERINTENDENT DR. B.R. AMBEDKAR DEVELOPMENT CORPORATION, R/AT, NO. 11 KUVEMPU ROAD, 3RD CROSS ROAD VIJNANA NAGARA, NEW TIPPASANDRA POST BENGALURU 510075. …PETITIONER (BY SRI. PANDURANGA NAYAK., ADVOCATE) AND: 1. BOARD OF DIRECTORS DR. B.R. AMBEDKAR DEVELOPMENT CORPORATION (KARNATAKA GOVERNMENT UNDERTAKING) 9TH FLOOR, VISWESHWARAIH MINI TOWER, DR. AMBEDKAR VEEDHI BANGALORE-560 001 BY ITS CHAIRMAN. 2. DR. B.R. AMBEDKAR DEVELOPMENT CORPORATION (KARNATAKA GOVERNMENT UNDERTAKING) 9TH FLOOR VISWESHWARAIH MINI TOWER DR.AMBEDKAR VEEDI Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29643 WP No. 16741 of 2025 BANGALORE-560 001 BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI.GIRI KUMAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS AND DIRECT THE R-1 TO CONSIDER THE STATUTORY APPEAL OF THE PETITIONER SUBMITTED ON 28.02.2025 TO THE R-1 THROUGH THE R-2 VIDE ANNEXURE-E TO THE WRIT PETITION AS PER THE SETTLED LAW WITHIN THE TIME FRAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 releifs: (a) Call for records from the Respondents; (b) Issue Writ of Mandamus directing the first respondent to consider the statutory appeal of the petitioner submitted on 28.02.2025 to the first respondent through the second respondent vide Annexure - E to the Writ Petition as per the settled law within the time frame and; - 3 - HC-KAR NC: 2025:KHC:29643 WP No. 16741 of 2025 (c) Consequently direct the second respondent to release all retirement benefits payable to the petitioner upon her retirement like Group Gratuity, Earned Leave encashment etc., with interest at 12% per annum from 01.08.2023 till the date of payment; (d) Grant such other/further reliefs as this Hon'ble Court deems fit as to the facts and circumstances of the case; 2. The case of the petitioner is that she was appointed as a Second Division Assistant in respondents-Corporation in the year 1986. Later, she was promoted as First Division Assistant and thereafter, she was promoted as Office Superintendent. During the year 2007, a case was registered against the petitioner and another by the Lokayuktha Police under the Prevention of Corruption Act. After investigation, charge sheet was filed against the petitioner in Spl.C.C.No.156/2007 on the file of XXIII Addl. City Civil and Sessions Judge and Special Judge, Bengaluru. After full fledged trial, the petitioner was - 4 - HC-KAR NC: 2025:KHC:29643 WP No. 16741 of 2025 acquitted. However, the respondent No.2 initiated departmental enquiry against the petitioner in the year 2022. During the pendency of the enquiry, the petitioner retired from service on 31.07.2023 upon attaining the age of superannuation. By order dated 20.01.2025, punishment was imposed by respondent No.2 on the petitioner. Being aggrieved by the same, the petitioner preferred an appeal before the respondent No.1 through the respondent No.2 under Rule 19 of the Karnataka Scheduled Caste and Scheduled Tribe Development Corporation Limited (Classification, Control & Appeal) Rules, 1991 (for short ‘the Rules’) on 28.02.2025 vide Annexure-E. Till today, no order has been passed on the appeal filed by the petitioner. Hence, the present petition is filed. 3. The learned counsel appearing for the respondents- Corporation submits that if this Court grants some reasonable time, the appeal filed by the petitioner will be considered in accordance with law. - 5 - HC-KAR NC: 2025:KHC:29643 WP No. 16741 of 2025 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. Respondent No.1 is directed to dispose of the appeal filed by the petitioner vide Annexure-E under Rule 19 of the Rules, in accordance with law and as expeditiously as possible, not later than six weeks from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 79