Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26121 WP No.22577 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.22577 OF 2022 (GM-RES) BETWEEN:
THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION (KSRTC) CENTRAL OFFICE, KSRTC K.H ROAD, SHANTHINAGAR BENGALURU -560 027 HEREIN REPRESENTED BY THE CHIEF LAW OFFICE K.S.R.T.C.
CENTRAL OFFICE K H ROAD SHANTHINAGAR BENGALURU -560 027. …PETITIONER (BY SRI. SANJEEV B L.,ADVOCATE) AND:
1.
SRI RAJU S/O LATE SRI TAMMAIAH AGED ABOUT 60 YEARS RTD TRAFFIC CONTROLLER R/O HONGANUR VILLAGE CHAMARAJANAGAR TALUK CHAMARAJANAGAR DISTRICT -571 117.
2.
THE COMMISSIONER KARNATAKA STATE SCHEDULED CASTES AND SCHEDULED TRIBES COMMISSION NO.14/3, 2ND FLOOR, CFC BUILDING NRUPATHUNGA ROAD BANGALORE -560 001.
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26121 WP No.22577 of 2022
3.
THE ASSISTANT DIRECTOR KARNATAKA STATE SCHEDULED CASTES AND SCHEDULED TRIBES COMMISSION NO.14/3, 2ND FLOOR CFC BUILDING NRUPATHUNGA ROAD BANGALORE -560 001. …RESPONDENTS (BY SRI. MANJUNATHA A C.,ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS OF THE PROCEEDINGS OF THE KARNATAKA STATE SCHEDULED CASTES AND SCHEDULED TRIBES COMMISSION, BANGALORE (R2 HEREIN) IN CASE NO.DOURJANYA/103/2017, WHICH CULMINATED IN THE IMPUGNED
ORDER DATED 06.10.2022, PRODUCED AT ANNEXURE-L 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 M.G.S. KAMAL
ORAL ORDER
The short grievance of the petitioner-KSRTC in this matter is that respondent No.1, who was earlier working as a Traffic Controller under the petitioner-KSRTC, had opted for voluntary retirement scheme on 22.02.2014. However, two years thereafter i.e., on 20.12.2016, he filed a complaint before the respondent No.2-Commission alleging that he was forced and coerced to opt voluntary retirement scheme.
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HC-KAR NC: 2026:KHC:26121 WP No.22577 of 2022
2. Pursuant to which respondent No.2-Commission initiated the proceedings in Case No.Dourjanya/103/2017 as per Annexure-L against the petitioner-KSRTC. Though the petitioner had duly authorized and delegated powers in favour of Chief Security and Vigilance Officer representing before the respondent No.2-Commission. The respondent No.2-Commission has insisted the personal presence of the petitioner-Managing Director.
3. Learned counsel for the petitioner drawing attention of this Court through a Circular No.1186 dated 02.02.1999 and the annexure enclosed therewith, submits that the Head of the Department/Unit is empowered to execute the Vakalath and represent on behalf of the petitioner-Managing Director and in the instant case, the Chief Security and Vigilance Officer had been duly authorized. As such there was no need or requirement for the personal presence of the petitioner-Managing Director, which is otherwise insisted by the respondent No.2-Commission. Therefore, he seeks for quashing of the order.
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HC-KAR NC: 2026:KHC:26121 WP No.22577 of 2022
4. There is no representation on behalf of the respondents.
5. Perusal of the circular dated 02.02.1999 and the annexure to the said circular indicate that delegatee on behalf of the Corporation to defend any suit or proceedings before Lower Courts and other authorities, is Chief Law Officer/Unit Head. As rightly pointed out by the learned counsel for the petitioner-Managing Director, in the proceeding before the respondent No.2-Commission, Unit Head of the concerned Department namely Chief Security and Vigilance Officer has already represented.
6. In that view of the matter, respondent No.2- Commission is directed to proceed with the matter without insisting the personal presence of the petitioner-Managing Director. Accordingly, following:
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HC-KAR NC: 2026:KHC:26121 WP No.22577 of 2022
ORDER (i) Petition is allowed. (ii) Impugned order dated 06.10.2022 by the respondent No.2-Commission is hereby quashed.
Sd/- (M.G.S. KAMAL) JUDGE
RL List No.: 1 Sl No.: 45