- 1 - HC-KAR NC: 2026:KHC:25995 WP No. 27183 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 27183 OF 2019 (S-R) BETWEEN: R SRIPATHI S/O LATE M R THIMMAPPA AGED ABOUT 69 YEARS R/O SKANDA BEHIND RAJGURU KALYAN MANTAPA ANALEKOPPA EXTENSION SAGARA-577401 SHIVAMOGGA DISTRICT …PETITIONER (BY SRI. GURU PRASAD HEGDE, ADVOCATE FOR SRI. S V PRAKASH., ADVOCATE) AND: 1. KARNATAKA STATE FOREST INDUSTRIES CORPORATION LTD. (GOVERNMENT OF KARNATAKA UNDERTAKING) REPRESENTED BY ITS MANAGING DIRECTOR VANA VIKASA, 3RD FLOOR 18TH CROSS, MALLESHWARAM BENGALURU-560003 2. REGIONAL MANAGER KARNATAKA STATE FOREST INDUSTRIES CORPORATION LTD HONNALI ROAD Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25995 WP No. 27183 of 2019 SHIVAMOGGA-577201 …RESPONDENTS (BY SRI. MURUGESH V CHARATI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 02.01.2012 PASSED BY THE R-1 PRODUCED AS PER ANNEXURES-A, A1, A2, A3 AND A4 AND CONSEQUENTLY THE MODIFIED NOTICE DATED 17.07.2013 PASSED BY THE R-1 PRODUCED AS PER ANNEXURE-F AND NOTICE/COMMUNICATION DATED 29.01.2019 PRODUCED AS PER ANNEXURE-J AND THE NOTICE/COMMUNICATION DATED 22.02.2019/16.03.2019 PRODUCED AS PER ANNEXURE-K AND THE NOTICE/COMMUNICATION DATED 11.04.2019 PRODUCED AS ANNEXURE-M TO THE WRIT PETITION. ISSUE A WRIT OF MANDAMUS COMMANDING THE RESPONDENTS TO PAY A SUM OF RS.4,38,488/- TOWARDS THE ARREARS PAYABLE TO THE PETITIONER. AWARD THE COST OF THIS PROCEEDING. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner has filed this petition seeking following reliefs: (I) quash the orders dated 02.01.2012 passed by respondent No.1 produced as per Annexures-A, A1, A2, A3 and A4 and consequently, modified notice dated 17.07.2013 passed by respondent No.1 produced as per Annexure-F and - 3 - HC-KAR NC: 2026:KHC:25995 WP No. 27183 of 2019 notice/communication dated 29.01.2019 produced as per Annexure-J and the notice/communication dated 22.02.2019/16.03.2019 produced as per Annexure-K and the notice/communication dated 11.04.2019 produced as Annexure-M to the writ petition; (II) issue a writ of mandamus commanding the respondents to pay a sum of Rs.4,38,488/- towards the arrears payable to the petitioner; (III) Issue any other appropriate writ or order or direction as this Hon’ble Court deems it appropriate in the admitted facts and circumstances of the case in the interest of justice and pass such other suitable orders as this Hon’ble Court deems it appropriate in the attendant circumstances and facts of the case; (IV) award the cost of this proceeding.” 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner was appointed in 1976 in the respondent-Corporation as a Field Assistant. He - 4 - HC-KAR NC: 2026:KHC:25995 WP No. 27183 of 2019 retired from service on attaining the superannuation on 31.12.2007. While he was working in the Technical Division of Shivamogga Unit of the Corporation, at that time, logging work was going on, and the respondents, without any basis, kept the petitioner under suspension in contemplation of initiation of disciplinary proceedings. 4. A charge memo was issued and an enquiry was held. The enquiry officer submitted a report holding that the charges levelled against the petitioner are proved. As the charges were held to be proved, the Appointing Authority passed an order imposing the penalty on the petitioner. The said order was also confirmed by the Board of Directors of the Corporation. 5. The petitioner aggrieved by the order of punishment preferred an appeal vide Annexure ‘C’ before the appellate authority. However, the appellate authority - 5 - HC-KAR NC: 2026:KHC:25995 WP No. 27183 of 2019 has not considered the appeal filed by the petitioner and no order has been passed on the appeal as of today. 6. The petitioner, being aggrieved by the orders dated 02.01.2012 passed by respondent No.1 vide Annexures ‘A’, ‘A1’ to ‘A4’ and consequent modified notices issued by the respondents, has filed this writ petition. 7. The respondents filed the statement of objections contending that the petitioner has caused a loss to the respondents. An enquiry was held and the charges leveled against the petitioner were proved. The respondents passed an order imposing the punishment to recover the loss sustained by the respondents. The action of the respondents is just and proper. It is also contended that the petitioner has given a representation to the respondents to deduct the amount from his service benefits, as per - 6 - HC-KAR NC: 2026:KHC:25995 WP No. 27183 of 2019 Annexure ‘R5’. It is contended that the petitioner has no locus standi to file this writ petition. Hence, on these grounds, prays to dismiss the writ petition. 8. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondents. 9. Learned counsel for the petitioner submits that the petitioner aggrieved by the order of punishment preferred an appeal before the appellate authority in 2012 itself and the Appellate Authority has not passed any order on the appeal filed by the petitioner. Hence, he submits that the writ petition may be disposed of with a direction to the Appellate Authority to dispose of the appeal. 10. Learned counsel for the respondents submits that the Board of Directors of the Corporation has approved the order of punishment and she submits that the writ petition filed by the petitioner is not - 7 - HC-KAR NC: 2026:KHC:25995 WP No. 27183 of 2019 maintainable. She also submits that the writ petition is liable to be dismissed on the ground of delay and laches, as there is a delay of more than 7 years in filing the writ petition. 11. To buttress her arguments, she has placed reliance on the judgment of the Hon'ble Apex Court in case of Shivamma (dead) by LRs. v. Karnataka Housing Board and others reported in 2025 SCC OnLine SC 1969. Hence, on these grounds, she prays to dismiss the writ petition. 12. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and perused the material on record. 13. It is an undisputed fact that the petitioner was an employee of the respondents-Corporation and he retired from service on attaining the age of superannuation. The respondents initiated a - 8 - HC-KAR NC: 2026:KHC:25995 WP No. 27183 of 2019 disciplinary proceeding against the petitioner alleging that the petitioner has caused a loss to the Corporation. The enquiry officer submitted a report holding that the charges leveled against the petitioner are proved and the Appointing Authority has passed an order of punishment imposing the penalty to recover the loss caused to the respondents. 14. The petitioner aggrieved by the order of punishment, preferred an appeal before the Appellate Authority in 2012. 15. Learned counsel for the petitioner submits that the Appellate Authority has not passed any order on the said appeal filed by the petitioner. The appeal is still pending before the Appellate Authority. Meanwhile, respondent No.1 has passed orders vide Annexures ‘A’, ‘A1’ to ‘A4’. When an appeal is filed, the - 9 - HC-KAR NC: 2026:KHC:25995 WP No. 27183 of 2019 Appellate Authority is legally bound to pass an order on the appeal filed by the parties. 16. Admittedly, since the petitioner has preferred an appeal, he can agitate his grievances before the Appellate Authority. As the subject matter is sub judice, it would not be proper on the part of this Court to go into the merits of the case at this stage. It would be better to direct the Appellate Authority to consider the appeal and pass an order. 17. In view of the above discussion, I pass the following order: ORDER (i) The writ petition is dismissed. (ii) The Appellate Authority is directed to consider the appeal filed by the petitioner and pass an appropriate order, if not already disposed, within - 10 - HC-KAR NC: 2026:KHC:25995 WP No. 27183 of 2019 a month from the date of receipt of a copy of this order. (iii) All contentions of the parties are kept open. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 1 Sl No.: 1