- 1 - HC-KAR NC: 2025:KHC:27978 WP No. 9972 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9972 OF 2025 (S-RES) BETWEEN: SRI KANTHARAJU S/O. M. M. RAMAIAH AGED ABOUT 52 YEARS WORKING AS SECOND DIVISION ASSISTANT KARNATAKA HOUSING BOARD 3RD FLOOR, KAVERI BHAVANA K. G. ROAD, BANGALORE - 560 040 …PETITIONER (BY SRI. SATISH K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOUSING VIKAS SOUDHA, BANGALORE - 560 001. 2. KARNATAKA HOUSING BOARD REP. BY ITS COMMISSIONER 3RD FLOOR, KAVERI BHAVANA K. G. ROAD, BANGALORE - 560 040. …RESPONDENTS (BY SRI. BHOJEGOUDA T KOLLER, AGA FOR R1: SRI.H L PRADEEP KUMAR., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE R-2 IN RESPECT OF THE IMPUGNED ENDORSEMENT DATED: 03.03.2025 (ANNEXURE-T) AND QUASH THE IMPUGNED ENDORSEMENT DATED: 03.03.2025 BEARING NO. KAGRUMAM/AASHA/48/2005-06 ISSUED BY R-2 (ANNEXURE-T) AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27978 WP No. 9972 of 2025 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, challenging the endorsement dated 03.03.2025 issued by the second respondent vide Annexure- T, whereby the request of the petitioner for promoting him as First Division Assistant with retrospective effect from the date his juniors were promoted, has been rejected. 2. The case of the petitioner is that, he was appointed as a Typist in the second respondent – Board on 07.03.2003. When he was working as a Typist, on a complaint given by one Nandisha against the petitioner dated 23.07.2013 vide Annexure-A, the Karnataka Lokayukta Police have registered FIR as per Annexure-B for the offences punishable under Sections 7, 13(1)(d) r/w. 13(2) of the Prevention of Corruption Act, 1988. On that basis, the departmental enquiry was initiated against the petitioner. In the criminal case, i.e., Spl.C.C.No.264/ 2014, by judgment dated 18.06.2018 vide Annexure-G, the petitioner has been - 3 - HC-KAR NC: 2025:KHC:27978 WP No. 9972 of 2025 acquitted. Even in the departmental enquiry, the petitioner has been exonerated from the charges as per the order dated 15.07.2024 vide Annexure-Q. During the pendency of the departmental enquiry, the name of the petitioner has been kept under sealed cover as per Annexure-J dated 06.06.2022 and the persons who were juniors to the petitioner were promoted by order dated 07.06.2022 vide Annexure-K. Since the criminal case initiated against the petitioner ended in acquittal and in the departmental enquiry, the petitioner has been exonerated from the charges, the petitioner submitted a representation dated 14.08.2024 to respondent No.2 seeking retrospective promotion from the date his juniors were promoted. By the impugned endorsement, the request of the petitioner was rejected on the ground that, against acquittal order vide Annexure-G dated 18.06.2018 passed in Spl.C.C.No.264/ 2014, a criminal appeal has been filed before this Court in Crl.A.No.1471/2021. Till today, the matter has not been posted before the Court for admission, it is in the stage of - 4 - HC-KAR NC: 2025:KHC:27978 WP No. 9972 of 2025 office objections. Under the circumstances, the impugned endorsement issued by the respondents is unsustainable. 3. In view of the discussions made above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 03.03.2025 vide Annexure-T is quashed. (iii) The respondent No.2 is directed to reconsider the representation submitted by the petitioner on 14.08.2024, in accordance with law, as expeditiously as possible, not later than eight weeks from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 62