- 1 - HC-KAR NC: 2025:KHC:54248 WP No. 11145 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 11145 OF 2024 (S-RES) BETWEEN: 1. SRI. HARSHA KUMAR K.B. AGED 36 YEARS, S/O LATE BASAPPA K C, R/AT KUPPE VILLAGE, HALLIMYSORE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573136. …PETITIONER (BY SRI.K V NARASIMHAN., ADVOCATE) AND: 1. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (UNDERTAKING GOVERNMENT KARNATAKA) NO.29, VIJAYANAGAR, 2ND PHASE, HINAKAL, MYSORE-570017 REPRESENTED BY ITS MANAGING DIRECTOR. Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54248 WP No. 11145 of 2024 2. SUPERINTENDING ENGINEER, CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED O AND M CIRCLE, SANTHEPETE B M ROAD, HASSAN-573201. …RESPONDENTS (BY SRI.LAKSHMIKANTHA K B., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SETTING ASIDE THE IMPUGNED ORDER AT ANNEXURE-A PASSED BY R2 DATED 27/10/2023 BEARING AA.IM(V)V.LE.NI./LE.AA/SI.SA/5536 AND TO DIRECT THE RESPONDENTS TO APPOINT THE PETITIONER ON COMPASSIONATE GROUNDS WITHIN A TIME FRAME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:54248 WP No. 11145 of 2024 ORAL ORDER The petitioner filed this Writ Petition seeking a Writ of Certiorari to quash the impugned order vide Annexure-A passed by respondent No.2 dated 27.10.2023 bearing AA.IM(V)/U.LE.NI/LE.AA/SI.SA/5536 and to direct the respondents to appoint the petitioner on compassionate ground within a time frame. 2. Brief facts, leading rise to the filing of the Writ Petition are as follows: 3. The brother of the petitioner by name Sunil.K.B was working as a Junior Powerman, Basavapatna Branch, Chamundeshwari Electricity Supply Corporation Limited. While he was in his service, passed away on 11.04.2023. After his demise, the petitioner submitted an application for compassionate appointment. The second respondent rejected the application vide order dated 27.10.2023, on the ground that the criminal proceedings is pending against the petitioner in C.C.No.75/2021 and Charge-sheet - 4 - HC-KAR NC: 2025:KHC:54248 WP No. 11145 of 2024 was filed against the petitioner on 15.03.2021. Hence, the petitioner aggrieved by the impugned endorsement filed this Writ Petition. 4. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 5. Learned counsel for the petitioner submits that the brother of the petitioner was working as a Junior Powerman in the respondents - Corporation and he died leaving behind the petitioner as his legal heir, on 11.04.2023. He submits that the petitioner was depending on his brother i.e., Sunil.K.B. After his demise, he submitted an application for compassionate appointment. The application was rejected only on the ground that a criminal case is pending against the petitioner. He submits that merely a criminal case is pending, is not a ground to reject an application for compassionate appointment. He also submits that the respondents have not assigned any reasons, except mentioning that the candidates seeking - 5 - HC-KAR NC: 2025:KHC:54248 WP No. 11145 of 2024 for the compassionate appointment should not involve in the criminal case as per the provisions of the Karnataka Electricity Board Service (Conduct), Regulations, 1988, and have not provided under which provision the petitioner is not entitled for the appointment on compassionate ground. Hence, on these grounds he prays to allow the Writ Petition. 6. Per contra, learned counsel for the respondents submits that though the respondents have not assigned the provision for rejecting the application of the petitioner for compassionate appointment, he submits that if reasonable time is granted, the respondents would reconsider the application of the petitioner and pass an appropriate order. Hence, he prays to dispose of the Writ Petition. 7. Heard and perused the records. Considered the submissions made by the learned counsel for the parties. - 6 - HC-KAR NC: 2025:KHC:54248 WP No. 11145 of 2024 8. It is an undisputed fact that the brother of the petitioner by name Sunil.K.B was working as a Junior Powerman in the respondents - Corporation. He died leaving behind the petitioner as a legal representative on 11.04.2023. After his demise the petitioner has submitted an application for compassionate appointment, alleging that he was depending on the income of the deceased Sunil.K.B and the petitioner is in a financial distress. The second respondent without considering the said aspect has rejected the application only on the ground that the criminal case is pending against the petitioner. When a specific inquiry was put to the learned counsel for the respondents under which provision the respondents have rejected an application, the learned counsel for the respondents was unable to point out the provisions. As he has submitted that the respondents would reconsider the case of the petitioner. In view of the submission made by the petitioner, there is no provision under the Karnataka Electricity Board Employees Service (Conduct), - 7 - HC-KAR NC: 2025:KHC:54248 WP No. 11145 of 2024 Regulations, 1988, to reject the application for compassionate appointment on the ground that the criminal proceedings are pending against the petitioner. The respondents have not shown any provisions under which the impugned endorsement was issued. In view of the same, the impugned endorsement issued by respondent No.2 is arbitrary and erroneous. Hence, in view of the above discussion, I proceed to pass the following order: ORDER i. The Writ petition is allowed. ii. The impugned order dated 27.10.2023 passed by respondent No.2 bearing AA.IM(V)/U.LE.NI/LE.AA/SI.SA/5536 vide Annexure-A is hereby quashed. iii. The respondents are directed to reconsider the application of the petitioner and pass an appropriate order in accordance with law within - 8 - HC-KAR NC: 2025:KHC:54248 WP No. 11145 of 2024 eight weeks from the date of receipt of a certified copy of this order. iv. Pending applications, if any, stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE MRP List No.: 1 Sl No.: 27