- 1 - HC-KAR NC: 2025:KHC:52835-DB WA No. 1973 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1973 OF 2025 (S-RES) BETWEEN: BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BENGALURU 560002 REPRESENTED BY ITS COMMISSIONER NOW BY COMING INTO FORCE OF GREATER BENGALURU GOVERNANCE ACT 2024, AND CONSEQUENT UPON ISSUE OF GO NO.UDD 2356 BBS 2025 DATED 01/09/2025, SUBJECT MATTER OF THIS APPEAL FALLS UNDER THE PURVIEW OF BENGALURU NORTH CITY CORPORATION BELLARY MAIN ROAD, BYATRAYANAPURA, BENGALURU-560092 REPRESENTED BY COMMISSIONER BENGALURU NORTH CITY CORPORATION AND IN THIS APPEAL REPRESENTED BY SRI CHANDRASHKEAR PATIL HEAD OF LEGAL CELL DELIGATED AUTHORITY OF COMMISSIONER BENGALURU NOTH CITY CORPORATION. …APPELLANT (BY SRI. B L SANJEEV.,ADVOCATE) AND: 1. SRI. KRISHNA S/O LATE BALAIAH, AGED ABOUT 46 YEARS, Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2025:KHC:52835-DB WA No. 1973 of 2025 JUNIOR HEALTH INSPECTOR, O/O AEE (SWM GANDHINAGAR), BBMP, BANGALORE - 560 009. 2. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001, REP BY ITS PRINCIPAL SECRETARY. …RESPONDENTS (BY SRI. G.S. ARUNA HCGP FOR R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 22.01.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.24812/2023 AND CONSEQUENTLY DISMISS THE SAID WRIT PETITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present appeal has been filed impugning the order dated 22.01.2024 passed by the learned Single Judge in Writ Petition No.24812/2023, whereby the learned Single Judge had allowed the Writ Petition filed by respondent No.1/petitioner before the learned Single - 3 - HC-KAR NC: 2025:KHC:52835-DB WA No. 1973 of 2025 Judge and directed the appellant/respondent No.2 to consider the case of the petitioner for promotion to the next higher cadre by opening the sealed cover as per the 2nd respondent's Committee report dated 28.10.2021 within a period of six (6) weeks from the date of the receipt of the said order. 2. The parties are referred to as per their ranking in the Writ Petition for the sake of convenience. 3. The Enquiry Officer after proper enquiry had exonerated the petitioner by recording a finding that the Disciplinary Authority had failed to bring home the charges levelled against the delinquent officer. 4. The Enquiry Officer submitted his Report before the Disciplinary Authority on 06.02.2023. Despite the Enquiry Officer having exonerated the petitioner of the charge, the Disciplinary Authority did not take any action on the Enquiry report submitted by the Enquiry Officer on 06.02.2023. - 4 - HC-KAR NC: 2025:KHC:52835-DB WA No. 1973 of 2025 5. In the meantime, the Promotion Committee had considered the case of the petitioner and others for promotion in the next cadre. The petitioner's case for promotion was kept in the sealed cover in view of the pending disciplinary enquiry against him. 6. In view of the aforesaid fact that the petitioner was exonerated by the Enquiry Officer and no action was taken by the Disciplinary Authority on the Enquiry report, the petitioner had to rush to this Court by filing the aforesaid petition with the following prayers: "a. Issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the Respondent No.1 and 2 to consider the case of the Petitioner for promotion to the next higher cadre by opening the sealed cover as per the 2nd Respondent committee report date 28.10.2021 in No.B12(4) PR/177/1999-00 – 2021-22 (Annexure-A). b. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the action of the respondent No.1 and 2 in not considering the petitioner for promotion to the next higher cadre by opening the sealed cover in spite of the Departmental Enquiry Report dated 06.02.2023 has highly arbitrary and illegal (Annexure-B). - 5 - HC-KAR NC: 2025:KHC:52835-DB WA No. 1973 of 2025 c. Issue such other appropriate order or direction as this Hon’ble Court deems fit, in the interest of justice and equity.” 7. The learned Single Judge, after considering the aforesaid fact that the petitioner got exonerated by the Enquiry Officer and the Disciplinary Authority did not take any action nor communicated any point of disagreement on findings of the Enquiry Officer to the petitioner, directed the respondents to open the sealed cover and consider the case of the petitioner for promotion to the next cadre. 8. The learned counsel for the appellant/respondent submits that the Disciplinary Authority had not accepted the Enquiry report and he had issued the notice on the point of disagreement. This notice was issued only on 25.03.2024, that too, after the order of the learned Single Judge dated 22.01.2024 which is impugned in this appeal. 9. We, therefore, find that there is no merit in this appeal and the appeal is dismissed on merits - 6 - HC-KAR NC: 2025:KHC:52835-DB WA No. 1973 of 2025 10. We have also found that the appeal has been filed with inordinate delay of 656 days. The appeal stands dismissed on the ground of delay and laches as we do not find any ground least to say sufficient ground to condone such an enormous delay in filing the appeal. 11. Pending IAs, if any, are also disposed of. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE tsn* List No.: 1 Sl No.: 9