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2026 DAILYLAW 13883 (KAR)

C. H. CHANDRAPPA v. THE MANAGING DIRECTOR

WP/19873/2024 · 2026-02-11

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8268 WP No. 19873 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 19873 OF 2024 (S-KSRTC) BETWEEN: C. H. CHANDRAPPA, S/O. HONNAPPA, AGED ABOUT 57 YEARS, DEPOT MANAGER, DEPOT NO. 31, SUMANAHALLI, BENGALURU-560 058. …PETITIONER (BY SRI SHEKAR L, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, BMTC, CENTRAL OFFICES, K.H. ROAD, BENGALURU-560 027. 2. MANAGING DIRECTORS AND APPELLATE AUTHORITY K.S.R.T.C., CENTRAL OFFICES, K. H. ROAD, BENGALURU-560 027. 3. DIVISIONAL CONTROLLER, B.M.T.C., NORTH DIVISION, CENTRAL OFFICES, K. H. ROAD, BENGALURU-560 027. …RESPONDENTS (BY SMT RENUKA H.R, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE IMPUGNED ORDER BEARING NO.BMTC/CO/DFL/G/173/495, DATED 18.12.2021 AS CONTAINED UNDER ANNEXURE-A PASSED BY THE FIRST RESPONDENT AND ALSO THE ORDER BEARING Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8268 WP No. 19873 of 2024 NO.KST/CO/DFL/AP-1967/191/2022-23 DATED 11.06.2022, AS CONTAINED UNDER ANNEXURE-B, PASSED BY THE SECOND RESPONDENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the order dated 11.06.2022. In terms of said order, the Appellate Authority has confirmed the order dated 18.12.2021 in terms of which, order is passed to recover Rs.58,238/- from the petitioner on the premise that charges relating to dereliction of duty are proved. 2. Learned counsel for the petitioner would submit that no enquiry was held and no reasons are assigned to dispense with the enquiry as contemplated under the Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971 (for short 'Regulations, 1971'). 3. Learned counsel for the respondents is not in a position to show that reasons are assigned while dispensing with the inquiry and is not in a position to show that the enquiry was held relating to the charges levelled against the - 3 - HC-KAR NC: 2026:KHC:8268 WP No. 19873 of 2024 petitioner, as required under Regulation 22(1)(b) of Regulations, 1971. 4. Learned counsel for the petitioner has also urged that enquiry was held against another employee alleging same charges as that were levelled against the present petitioner, and in the said enquiry against G.Krishnamurthy, finding is recorded holding that the charges are not proved. If that is the case, it is for the petitioner to place the same before the enquiry officer as a piece of evidence and same shall be considered in accordance with law. 5. This being the position, the Court is of the view that impugned orders have to be set aside for non-compliance of the mandatory provisions of the Regulations, 1971. 6. Hence, the following: ORDER (i) The Writ Petition is allowed. (ii) The impugned order dated 11.06.2022 passed by respondent No.2 and the impugned order - 4 - HC-KAR NC: 2026:KHC:8268 WP No. 19873 of 2024 dated 18.12.2021 passed by respondent No.1 are set aside. (iii) Liberty is reserved to the respondent- Corporation to proceed in accordance with law, if advised. (iv) If amount of Rs.58,238/- is recovered pursuant to the impugned orders, before commencing the fresh inquiry, if any, the amount recovered has to be refunded to the petitioner. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 42