- 1 - NC: 2025:KHC-D:3584 WP No. 103768 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103768 OF 2021 (S-RES) BETWEEN: RAVI S/O. SHANKARGOUDA MARIGOUDAR, AGE. 38 YEARS, OCC. JUNIOR ASSISTANT, R/O. AKKIALUR, TQ AND DIST. HAVERI. …PETITIONER (BY SRI S.B. DODDAGOUDAR, AND SRI S.G. NANDOOR, ADVOCATES) AND: 1. THE KARNATAKA POWER TRANSMISSION CORPORATE LTD., BENGALURU, R/BY PRINCIPAL SECRETARY, KAVERI BHAVAN, K.G. ROAD, BENGALURU -09. 2. MANAGING DIRECTOR/ APPELLATE AUTHORITY KARNATAKA POWER TRANSMISSION CORPORATE LTD., BENGALURU, KAVERI BHAVAN, K.G. ROAD, BENGALURU -09. 3. THE DIRECTOR (ADMINISTRATION AND HUMAN RESOURCE) KARNATAKA KPTCL, BOARD DISCIJPLINARY COMMITTEE, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3584 WP No. 103768 of 2021 KAVERI BHAVAN, K.G. ROAD, BENGALURU-09. 4. J.S. SOMASHEKAR ENQUIRY OFFICER, KARNATAKA POWER TRANSMISSION CORPORATE LTD., BENGALURU. …RESPONDENTS (BY SRI SHIVARAJ P. MUDHOL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A. TO ISSUE WRIT OF CERTIORARI OR ANY OTHER DIRECTION TO SET ASIDE THE ORDER PASSED BY THE RESPONDENT NO.2 DATED 06.07.2021 AT ANNEXURE-A. B. TO ISSUE WRIT OF CERTIORARI OR ANY OTHER DIRECTION TO SET ASIDE THE ORDER PASSED BY THE RESPONDENT NO.3 DATED 03.06.2021 OFFICE ORDER NO. OFFICER ORDER NO. PÀ«¥À椤/© 54/71172/2017-18 (ANNEXURE-B). B(1) TO ISSUE WRIT OF CERTIORARI OR ANY OTHER DIRECTION TO SET ASIDE THE ORDER PASSED BY THE RESPONDENT NO.2 ON 19/04/2022 BEARING NO. KaViPraNiNi/Bi54/71178/2017-2018 THE COPY OF THE ORDER DATED 19/04/2022 IS PRODUCED MARKED AS ANNEXURE-H. C. TO ISSUE WRIT OF CERTIORARI OR ANY OTHER DIRECTION TO SET ASIDE THE ENQUIRY REPORT SUBMITTED BY RESPONDENT NO. 4 DATED 05.05.2018 MARKED AS ANNEXURE-B1. D. THE HON’BLE COURT MAY ALSO BE PLEASED TO PASS ANY OTHER WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF JUSTICE. - 3 - NC: 2025:KHC-D:3584 WP No. 103768 of 2021 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayers: a) To issue writ of certiorari or any other direction to set aside the order passed by the respondent no.2 dated 06.07.2021 at Annexure-A. b) To issue writ of certiorari or any other direction to set aside the order passed by the respondent no.3 dated 03.06.2021 office order no. officer order No. PÀ«¥À椤/© 54/71172/2017-18 (Annexure-B). b) (1) To issue writ of certiorari or any other direction to set aside the order passed by the respondent no.2 on 19/04/2022 bearing No. KaViPraNiNi/ Bi54/ 71178/ 2017-2018 the copy of the order dated 19/04/2022 is produced marked as Annexure-H. c) To issue writ of certiorari or any other direction to set aside the enquiry report submitted by respondent no. 4 dated 05.05.2018 marked as Annexure-B1. d) The Hon’ble Court may also be pleased to pass any other writ, order, direction etc in the above case to serve the ends of justice. - 4 - NC: 2025:KHC-D:3584 WP No. 103768 of 2021 2. The petitioner was appointed as Junior Assistant in the KPTCL and was later posted to work as Junior Assistant (finance) in the Finance Department at Shiggaon on 09.10.2015. The petitioner is placed under suspension pending initiation of departmental enquiry. Charge sheet was issued against 18 persons on the allegation of misappropriation of funds. It transpires that the enquiry was conducted against 18 persons and a common charge sheet was issued. After the issuance of the charge sheet, during the conduct of the enquiry, it transpires that the petitioner deposited a sum of Rs.24,00,000/- from his own funds. After the deposit of the said amount, charges were held to be proved against the petitioner and 4 others. To the petitioner, penalty of compulsory retirement is imposed and to all other four, held guilty along with the petitioner, penalty of withholding of increment was imposed. All the departmental remedy that was available to the petitioner, have been exhausted. Therefore, the petitioner is before this Court in the subject petition. - 5 - NC: 2025:KHC-D:3584 WP No. 103768 of 2021 3. The learned counsel appearing for the petitioner submits the act of the respondents is discriminating inasmuch as to all the five persons who were held guilty of charges were the same, but the penalty to other four is stoppage of increment and to the petitioner is compulsory retirement. He would submit that the same penalty should be imposed against the petitioner as well. 4. Per contra, the learned counsel appearing to the respondents Sri Shivaraj Mudhol submits that the petitioner was chosen to impose penalty because he had admitted to guilt by way of deposit of the amount of Rs.24,00,000/-, which was the large chunk of the misappropriated amount. The counsel submits that such person should not be shown any indulgence insofar as the penalty that is imposed to others. The learned counsel would justify on the score that they were all in the supervisory jurisdiction, who was handling the cash was the petitioner. - 6 - NC: 2025:KHC-D:3584 WP No. 103768 of 2021 5. Counsel for the petitioner, at this juncture, would submit that the petitioner would submit an application or representation to the respondents to consider his claim for imposition of penalty as was imposed to others. In the light of the deposit made, he would seek to place reliance upon several orders of the KPTCL, where minor penalties are imposed upon all persons after their return of the amount. Therefore, the counsel submits that the petitioner also be given the liberty to file an application in filing the application enclosing all the penalties that the KPTCL imposed, which are minor penalties after they have received the amount of alleged misappropriation. 6. In the light of the said submission, without going into the merit of the matter, I deem it appropriate to permit the petitioner to file an application/representation to the KPTCL, enclosing all the necessary documents. If an application of that kind is filed, the KPTCL shall pass - 7 - NC: 2025:KHC-D:3584 WP No. 103768 of 2021 necessary orders within eight weeks after filing of the application. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/ct-gtb List No.: 1 Sl No.: 13