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2025 DAILYLAW 84822 (KAR)

T RAMESH BABU v. THE INQUIRY AUTHORITY

WP/102057/2025 · 2025-11-17

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15703 WP No. 102057 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102057 OF 2025 (S-RES) BETWEEN: T RAMESH BABU AGE: 67 YEARS, OCC: RETIRED EMPLOYEE NO. 1011, R/O. H.NO.99, 3RD CROSS, PADAMARAJ, GOKUL ROAD, HUBBALLI-DHARWAD-580030 …PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. THE INQUIRY AUTHORITY UNITED INDIA INSURANCE COMPANY LTD., RO-HYDERBAD, SITTING AT ENKAY COMPLEX, DOOR NO. 2, FLOOR NO.1, KESHWAPUR, HUBBALLI, DIST. DHARWAD 580023 2. THE PRESENTATION OFFICER UNITED INDIA INSUANCE COMPANY LTD., R- HUDERBAD, SITTING AT ENKAY COMPLEX, DOOR NO.2, FLOOR NO.1, KESHWAPUR, HUBBALLI, DIST. DHARWAD 580023. 3. GENERAL MANAGING DISCIPLINARY AUTHORITY, UNITED INDIA INSURANCE CO.LTD., R/O HYDERBAD, HEAD OFFICE, 24 WHITES ROAD, CHENNAI 600014. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15703 WP No. 102057 of 2025 4. THE CHAIRMAN CUM MANAGING DIRECTOR UNITED INSURANCE CO. LTD. HEAD OFFICE, 24 WHITES ROAD, CHENNAI 600014. …RESPONDENTS (BY SRI.ARUN L. NEELOPANT AND SRI. GOPAL B. PATIL, ADOVCAETS FOR R1; SRI. N.R. KUPPELLUR, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ORDER QUASHING THE ORDER 15/03/2025 PASSED BY THE RESPONDENT NO.1/ENQUIRY AUTHORITY IN ORDER NO. REF. HO.2021-008, 106, 2024 KEEPING THE DEPOSITION OF MW1 IN TEMPORARY ABEYANCE VIDE ANNEXURE-F. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following relief: a. “Issue a writ in the nature of certiorari or order quashing the order 15/03/2025 passed by the respondent no.1/enquiry authority in order No. ref. Ho.2021-008, 106, 2024 keeping the deposition of MW1 in temporary abeyance vide Annexure-“F. b. Issue any other writ or directions to meet the ends of justice.” 2. Heard Sri.Vitthal S. Teli, learned counsel for the petitioner and Sri.Arun L. Neelpant and Sri.Gopal B. Patil, - 3 - HC-KAR NC: 2025:KHC-D:15703 WP No. 102057 of 2025 learned counsel for respondent No.1 and Sri.N.R.Kuppelure, learned counsel for respondent Nos.2 to 4. 3. The petitioner, who is facing a departmental enquiry, has approached this Court under peculiar circumstances. The allegation against the petitioner is that he had entered into a compromise before the Lok Adalath in more than 200 cases, thereby causing huge loss to the respondent–corporation. The disciplinary proceedings have been instituted after the petitioner’s retirement. The issue involved in this lis is not with regard to the merit of the matter. 4. Plethora of documents were sought to be marked by the respondent–corporation through the management witness (MW–1). During the course of the enquiry, MW–1 fell ill and is said to have suffered a cardiac arrest, due to which the documents could not be marked. The petitioner has therefore approached this Court contending that if all the documents are not marked through MW–1, it would cause grave prejudice to him. At that stage, a co-ordinate Bench of this Court granted an interim order as prayed for. 5. The learned counsel appearing for the respondent now submits that MW–1 is well and has completely recovered, - 4 - HC-KAR NC: 2025:KHC-D:15703 WP No. 102057 of 2025 and would be able to appear before the enquiry authority. In that light, I deem it appropriate to dispose of the petition with a direction to the respondents to conclude the enquiry proceedings against the petitioner within an outer limit of six months. “Conclusion” shall mean completion of the proceedings strictly in accordance with law, which would include the examination-in- chief and cross-examination of MW–1. 6. With the aforesaid observations, the petition stands disposed of. 7. Ordered accordingly, Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 1 Sl No.: 273