- 1 - HC-KAR NC: 2025:KHC:31008-DB WP No. 1758 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 1758 OF 2025 (S-CAT) BETWEEN: SRI Y VEERA PRATAP S/O Y. HANUMANTHA RAO, AGED ABOUT 57 YEARS R/AT FLAT NO.307, ‘A’ BLOCK, SHRESTA SOUTHERN STAR APARTMENT, VIP LAYOUT, AKSHAY NAGARA, BEGUR VILLAGE, BENGALURU-560068. …PETITIONER (BY SRI. GANAPATI HEDGE, SR. ADV. FOR SRI GEORGE JOSEPH, ADV.) AND: 1. UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAVAN, ROAD NO.2, RAFI MARG, NEW DELHI-110001 THROUGH THE SECRETARY. 2. THE DIRECTOR GENERAL AND DISCIPLINARY AUTHORITY, EMPLOYEE STATE INSURANCE CORPORATION (ESIC) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31008-DB WP No. 1758 of 2025 PANCHDEEP BHAVAN, CIG ROAD, NEW DELHI -110002 …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. DIRECT THE RESPONDENTS TO IMPLEMENT THE ORDER PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL DATED 19.07.2023 IN OA NO.568/2020 (ANNEXURE-K) AND GRANT ALL THE PROMOTIONS, INCREMENTS AND OTHER BENEFITS TO THE PETITIONER AS IF NO DISCIPLINARY ACTION IS PENDING AGAINST THE PETITIONER, WITHIN A TIME-BOUND PERIOD AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned Senior Counsel Sri.Ganapathi Hegde for Sri.George Joseph, learned counsel for the petitioner. 2. Learned senior counsel for the petitioner would submit that the petitioner was imposed with punishment of reduction to lower stage in time scale of pay, for a period of five years in exercise of power under Employees’ State Insurance Corporation (Staff and Conditions of Service) - 3 - HC-KAR NC: 2025:KHC:31008-DB WP No. 1758 of 2025 Regulations, 1959 (for short “Regulations”), by order dated 09.03.2020 which was the subject matter before the Central Administrative Tribunal, Bangalore Bench, Bangalore (for short “Tribunal”) in O.A.No.170/00568/2020. The said O.A. was disposed of by order dated 19.07.2023, in the following manner: “(1) The order passed by the Disciplinary Authority dated 09.03.2020 at Annexure-A8 and the order passed by the Appellate Authority dated 30.03.2021 at Annexure-A10 are set aside. (2) The matter is restored to the file of the Disciplinary Authority, Respondent No.2 for reconsideration. (3) The Disciplinary Authority shall reconsider the matter and pass an appropriate order in accordance with law in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of this order. (4) All the rights and contentions of the parties are left open. - 4 - HC-KAR NC: 2025:KHC:31008-DB WP No. 1758 of 2025 (5) With the aforesaid observations and directions, OA stands disposed of. No order as to costs.” 3. Learned Senior Counsel for the petitioner would submit that I.A.No.1/2024 is filed seeking amendment of the prayer to include quashing of order dated 07.03.2025 (Annexure-N) which is passed subsequent to and following the order passed by the Tribunal. Learned Senior Counsel would also submit that the petitioner has only one year of service and at the fag end of his service, the said order is passed contrary to the direction issued by the Tribunal. However, he submits that the petitioner shall have to challenge the same before the Tribunal. 4. Taking note of the above submission and also taking note of the fact that, in pursuance of the order of the Central Administrative Tribunal dated 19.07.2023 in O.A.No.170/00568/2020, fresh order dated 07.03.2025 - 5 - HC-KAR NC: 2025:KHC:31008-DB WP No. 1758 of 2025 (Annexure-N) is passed, it would be appropriate for the petitioner to challenge the same before the Tribunal. 5. With the above, the writ petition stands disposed of. All contentions of the parties are kept open. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MPK CT:bms List No.: 1 Sl No.: 12