- 1 - HC-KAR NC: 2025:KHC:45149-DB W.A. No.1343/2024 C/W C.C.C. No.1315/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.1343/2024 (S-RES) C/W CIVIL CONTEMPT PETITION NO.1315/2024 IN W.A. No.1343/2024: BETWEEN: 1. MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) KAVERI BHAVAN, BENGALURU - 560 009. 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (A CORPORATION FULLY CONTROLLED BY THE GOVERNMENT OF KARNATAKA) ADMINISTRATIVE OFFICE KAVERI BHAVAN, BENGALURU 560 009 REPRESENTED BY ITS DIRECTOR (ADMINISTRATION AND HUMAN RESOURCES). 3. EXECUTIVE ENGINEER (ELECTRICAL) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) 220 KV DIVISION, RECEIVING STATION TL AND SS HOODY DIVISION BANGALORE-560 048. Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:45149-DB W.A. No.1343/2024 C/W C.C.C. No.1315/2024 4. ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), 220 KV DIVISION RECEIVING STATION TL AND SS HOODY DIVISION BANGALORE - 560 048. …APPELLANTS (BY SRI. SHIRISH KRISHNA, ADV.,) AND: SRI. T. SRINIVASA S/O THIMAPPA AGED ABOUT 60 YEARS RETIRED JUNIOR ENGINEER (ELECTRICAL) R/AT NO.39, LAKE CITY T.C. PALYA, K.R.PURAM BANGALORE - 560 036. …RESPONDENT (BY SRI. DEVARAJ, ADV., FOR C/R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE INSTANT WRIT APPEAL AND THEREBY SET ASIDE THE IMPUGNED ORDER DATED APRIL 25, 2024 RENDERED BY THE Ld. SINGLE JUDGE OF THIS HONBLE COURT IN WP No.9717/2024, AND CONSEQUENTLY UPHOLD THE ENDORSEMENT DATED JANUARY 25, 2024 AS PRAYED FOR AND GRANT OTHER SUCH FURTHER RELIEFS, IN THE INTEREST OF JUSTICE AND EQUITY. IN C.C.C. NO.1315/2024: BETWEEN: SRI. T. SRINIVASA S/O THIMMAPPA - 3 - HC-KAR NC: 2025:KHC:45149-DB W.A. No.1343/2024 C/W C.C.C. No.1315/2024 AGED ABOUT 60 YEARS RETIRED JUNIOR ENGINEER (ELEC.), O/O THE ASSISTANT EXECUTIVE ENGINEER (ELEC.) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, 220 KV RECEIVING STATION TL AND SS, HOODY, BANGALORE - 560 048 RESIDING AT NO.39, LAKE CITY T.C.PALYA, K.R.PURAM BANGALORE 560 036. ...COMPLAINANT (BY SRI. DEVARAJ N, ADV.,) AND: SRI. CHANDRASHEKAR EXECUTIVE ENGINEER (ELEC.), KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, 220 KV DIVISION RECEIVING STATION, TL AND SS, HOODY BANGALORE - 560 048. ...ACCUSED (BY SRI. SHIRISH KRISHNA, ADV.,) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE SEVERE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED'S FOR HAVING DELIBERATELY, INTENTIONALLY AND WILLFULLY DIS-OBEYED TO CARRY OUT THE DIRECTIONS CONTAINED IN THE COURT ORDER DATED 25.04.2024 MADE IN WP NO.9717/2024(S-RES) MARKED AT ANNEXURE-J AND GIVING FURTHER DIRECTION TO THE ACCUSED TO PAY SUM OF RS.4,42,758/- ALONG WITH 6% FROM THE DATE OF RECOVERY TILL REALIZATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL AND THIS C.C.C. IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:45149-DB W.A. No.1343/2024 C/W C.C.C. No.1315/2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed under Section 4 of the Karnataka High Court Act, 1961 praying to set aside the impugned order dated 25.04.2024 passed by the learned Single Judge in W.P.No.9717/2024 and consequently uphold the endorsement dated 25.01.2024. 2. Heard learned counsel for the appellants. 3. Learned counsel for the appellants submits that the grant of increment to the respondent was a mistake and that the said mistake has been rectified by the order impugned in the writ petition. It is further submitted that even in case the recovery is held to be unwarranted, in the light of State of Punjab and Others v. Rafiq Masih - 5 - HC-KAR NC: 2025:KHC:45149-DB W.A. No.1343/2024 C/W C.C.C. No.1315/2024 (White Washer)1, the direction to pay interest at the rate of 6% from the date of recovery till realization is not called for in a case of this nature. 4. Having considered the contentions advanced, we notice that the learned Single Judge has considered the facts of the case and has clearly found that the case falls squarely within the category of cases referred to by the Apex Court in the case of State of Punjab and Others v. Rafiq Masih (White Washer). It is clear that in the instant case, the wrongful grant of increment alleged by the appellant was made in the year 2001 and the recovery is made in the year 2024 after the lapse of more than 23 years. 5. In the above view of the matter, we are of the opinion that there is absolutely no error in the finding of the learned Single Judge with regard to the payment of the interest as well. In view of the fact that the amount 1 AIR 2015 SC 696 - 6 - HC-KAR NC: 2025:KHC:45149-DB W.A. No.1343/2024 C/W C.C.C. No.1315/2024 has been wrongly recovered from the respondent, we are of the opinion that grant of 6% interest cannot be found fault with. The appeal fails and the same is accordingly dismissed. The appellants/accused shall comply with the direction in full within four weeks from today. Consequently, with the above direction, the contempt proceedings shall stand dropped. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 13