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2025 DAILYLAW 76533 (KAR)

SRI. IRAPPA v. THE DIRECTOR

WP/14012/2023 · 2025-09-17

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37255 WP No. 14012 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 14012 OF 2023 (S-PRO) BETWEEN: SRI. IRAPPA S/O MALAKAPPA KUMBAR AGED 34 YEARS OCC. JUNIOR ENGINEER (V) C/O B.S. BADIGER HOUSE NO. 207 NEAR AYYAPPA TEMPLE 3RD B CROSS, 3RD MAIN DOMALUR, BANGALORE – 560071 …PETITIONER (BY SRI. JAVEED S., ADVOCATE) AND: 1. THE DIRECTOR ADMIN AND HR THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CORPORATE OFFICE KAVERI BHAVAN, K.G.ROAD BANGALORE - 560009. 2. THE MANAGING DIRECTOR KPTCL AND DISCIPLINARY OFFICER KAVERI BHAVAN K.G.ROAD, BANGALORE - 560009. …RESPONDENTS (BY SRI. SANJEEV B L., ADVOCATE FOR R1 & R2) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37255 WP No. 14012 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 03.06.2023 BEARING NO.KPTCL / B57/46185/2023-24 PASSED BY THE R1, WHICH IS PRODUCED AT ANNEXURE-L 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 This writ petition is filed under Articles 226 & 227 of the Constitution of India, calling in question, the endorsement dated 03.06.2023 vide Annexure-L, intimating the petitioner that, in view of pendency of criminal case against the petitioner, his case for promotion was kept under the sealed cover. 2. The petitioner was working as a Junior Engineer. At that time, a criminal case has been registered against him in Crime No.23/2010 under Sections 408, 409, 420, 465, 477(A) of IPC and a departmental enquiry has been initiated. - 3 - HC-KAR NC: 2025:KHC:37255 WP No. 14012 of 2023 3. The learned counsel for the petitioner submits that, in the departmental enquiry, the petitioner has been exonerated. As far as the criminal case is concerned, the same is pending before the Senior Civil Judge and JMFC, Sindagi in C.C.No.151/2012. 4. In similar circumstances, a Division Bench of this Court, in W.A.No.100058/2025 and connected matters, disposed of on 20.03.2025, relying on the judgment of the Apex Court in the case of STATE OF PUNJAB & OTHERS vs. CHAMAN LAL GOYAL reported in (1995) 2 SCC 570, which has held that the Court shall have to balance the situation and issue appropriate direction and directed the respondents to consider the case of the petitioner. 5. In view of the judgment of this Court in W.A.No.100058/2025 and of the Apex Court in the case of CHAMAN LAL GOYAL (supra), the following order is passed: (i) The writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC:37255 WP No. 14012 of 2023 (ii) The impugned endorsement dated 03.06.2023 vide Annexure-L is quashed. (iii) The respondents are directed to consider the case of the petitioner for promotion to the post of Assistant Engineer, after opening the sealed cover, if he is otherwise eligible. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 47