- 1 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7483 OF 2026 (S-R) BETWEEN: SRI K C SUNDARAMURTHY S/O SRI. CHIKKAHANUMAIAH AGED ABOUT 60 YEARS, NO.20, 2ND MAIN, OPP. ANNAPURNA RESIDENCY, THIMMAPPA GARDEN, NAGADEVENAHALLI, BENGALUR- 560 056. PRESENTLY WORKING AS CO-ORDINATOR IN MATERIAL DEPARTMENT ON CONTRACT BASIS. KARANATAKA SOAPS AND DETERGENTS LTD., NO.27, INDUSTRIAL SUBRUB, BENGALURU PUNE, RAJAJINAGAR, BENGALURU- 560 055. …PETITIONER (BY SRI. CHANDRASHEKAR B A., ADVOCATE) AND: THE MANAGING DIRECTOR KARANATAKA SOAPS AND DETERGENTS LTD., NO.27, INDUSTRIAL SUBRUB, BENGALURU - PUNE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 RAJAJINAGAR, BENGALURU 560 055. …RESPONDENT (BY SRI. MANJULA D.,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE OFFICE ORDER DATED 26.05.2025 VIDE NO. KA. SAA. MAA. NI. PRA. VYA (ADM)/2025-26/131 AT ANNX-G AND ENDORSEMENT DATED 13.02.2026 VIDE NO. KSDL/MAA.SAM. A/2025-26/701 AT ANNX-K., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner has sought for the following reliefs: “(i) issue a Writ of Certiorari by quashing the office order dated 26-05-2025 vide No.Ka. Saa. Maa. Ni. Pra. Vya(Adm)/2025-26/131 at ANNEXURE-G & Endorsement dated 13-02-2026 vide No.KSDL/Maa.sam.A/2025-26/701 at Annexure-K. (ii) issue a Writ of Mandamus directing the respondent to release all retirement benefits. - 3 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 (iii) issue any other Writ or Order or Direction as deemed fit, just and proper under the circumstances of the case.” 2. Heard learned counsel for the petitioner and learned counsel for respondent and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the impugned endorsement at Annexure - K dated 13.02.2026 in order to point out that the retirement benefits of the petitioner have been withheld by the respondent on the sole ground that Criminal proceedings in PCR No.7238/2020 are pending adjudication before the Criminal Court. 4. In this context, he would invite my attention to the impugned endorsement that the petitioner, who is arrayed as accused No.3 in the said criminal proceedings in which, Dr.T.Venkateshaiah was arrayed as accused No.1 despite which this Court passed an order in WP No.3407/2022 dated 07.12.2022 directing release of the retrial benefits, Earned leave, encashment in favour of aforesaid Venkateshiah, though the said criminal proceedings are pending against him also. It is therefore submitted - 4 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 that mere pendency of the criminal proceedings against the petitioner could not have been made the basis by the respondent to withhold the retirement benefits and as such, the impugned Endorsement deserves to be quashed. 5. Per contra, learned counsel would reiterate the various contentions urged in the statement of objections and submit that there is no merit in the petition and the same is liable to be dismissed. 6. As rightly contented by the learned counsel for the petitioner in WP No.3407/2022 vide Annexure F, this Court held as under: "The petitioner, a compulsory retired Director of the second respondent-Karnataka Soaps and Detergent Limited is before this Court, challenging the correctness and legality of part of the order dated 13.01.2022 bearing No.KSDL/HRD 2021-22/1218/1606 (Annexure- AJ) whereby the petitioner is compulsorily retired instead of dismissing; to direct the 3rd respondent to reinstate the petitioner as a Director (Finance) with all consequential service and financial benefits from 25.03.2007. - 5 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 2. During the pendency of the writ petition, the petitioner amended the writ petition to include the prayer to quash the proceedings of the 256th meeting held on 20.01.2022 marked as Annexure-AK, taking decision not to withdraw the PCR No.7238/2020 dated 09.07.2020 pending before the Additional Chief Metropolitan Magistrate at Bangalore. 3. Heard learned counsel Sri.A.Nagarajappa for petitioner; Sri.T.P.Srinivas, learned Principal Government Advocate and learned counsel Sri.B.R.Prashanth for respondent Nos.2 to 4. Perused the writ petition papers. 4. Learned counsel for respondent Nos.2 to 4 files a memo dated 07.12.2022 enclosing Office Orders dated 05.12.2022 and 06.12.2022. A perusal of the Office Order dated 05.12.2022 discloses that the petitioner is granted all financial benefits available to the petitioner on his compulsory retirement and also it would indicate that the respondents have taken a decision not to withdraw the case filed against the petitioner before the Additional Chief Metropolitan Magistrate at Bangalore, in PCR No.7238/2020 dated 09.07.2020. Further the order dated - 6 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 06.12.2022 would indicate that the 3rd respondent has ordered for payment of Provident Fund and Earned Leave encashment. Thus, it is seen that respondents No.2 and 3 have sanctioned the financial benefits and terminal benefits to the petitioner on compulsory retirement. 5. Both the learned counsel appearing for the parties submit that during the pendency of the writ petition, the petitioner attained age of superannuation on 31.03.2022. 6. The only grievance, according to the learned counsel for the petitioner is that the Board has taken a decision not to withdraw the PCR bearing No.7238/2020 dated 09.07.2020. The Board, in its 254th meeting held on 07.09.2021 had taken a decision to withdraw the criminal case filed against the petitioner in PCR No.7238/2020 and also modified the punishment to compulsory retirement instead of dismissal from service and fine of Rs.18,89,897/- which was erroneously calculated in Miskin report be withdrawn. It is the contention of the learned counsel for the petitioner that once the Board takes a decision in the matter it becomes functus-officio insofar as Disciplinary - 7 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 proceedings is concerned and it would not possess any power to review its decision. 7. Learned counsel Sri.B.R.Prashanth for respondent Nos.2 to 4 submits that the Board had taken a decision in 254th Board Meeting to modify the order of dismissal to compulsory retirement and to withdraw criminal case filed against the petitioner, but the same was not communicated to the petitioner, but forwarded to the Government for approval. The Government in its letter dated 29.10.2021 directed respondent No.3 to take suitable decision. Accordingly, he submits that the Board has passed resolution to authorize the Managing Director to initiate further action. On the other hand, it is his submission that as authorized by the Board, the Managing Director took a decision not to withdraw the case filed against the petitioner. 8. Admittedly, the Board had taken a decision in its 254th Meeting as follows: (i) To modify the punishment as Compulsory Retirement instead of dismissal from service i.e., effective form 25.03.2019. (ii) To withdraw the criminal case filed before the Additional Chief Metropolitan Magistrate, at Bangalore vide PCR - 8 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 No.7238/2020 dated 09.07.2020 by the Company. (iii) Fine of Rs.18,89,879/- which was erroneously calculated in the Miskin Report to be withdrawn.” 9. In its 255th Meeting, the Board took a decision to authorize the Managing Director to initiate further action on the said instance. Based on the said authorization, the Managing Director has passed Office Order dated 05.12.2022 not to withdraw the criminal case filed before the Additional Chief Metropolitan Magistrate at Bangalore vide PCR No.7238/2020 dated 09.07.2020. 10. Admittedly, a decision in favour of the petitioner was taken in its 254th Meeting to modify the punishment as compulsory retirement instead of dismissal from service and to withdraw the pending criminal case in PCR No.7238/2020 and the fine of Rs.18,89,879/- which was calculated in the Miskin Report was withdraw. The above decision in 254th Board meeting was taken as Appellate Authority on the appeal filed by the petitioner. As is clear from Annexure-AE dated 13.01.2022, again, the Board in its 255th Meeting took a decision to authorize the Managing - 9 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 Director to initiate further action on the said instance. On the said authorization, the Managing Director could not have revived the earlier decision of the Board. Taking advantage of the proceedings of 255th Board Meeting held on 12.11.2021, the Managing Director could not have passed order dated 05.12.2022, that too without any notice. Therefore, that part of the order under Office Order dated 05.12.2022 i.e., not to withdraw the case filed in PCR No.7238/2020 is quashed. Respondent Nos.2 to 4 are at liberty to issue show-cause notice in that regard and take a decision. While submitting reply to the show cause notice if any issued, it is open for the petitioner to raise jurisdictional question. 11. Learned counsel Sri.B.R.Prashanth submits that in terms of the office order dated 05.12.2022, Earned Leave encashment benefit would be paid to the petitioner within three weeks from today and steps would be taken to settle provident fund forthwith. With the above, the writ petition stands disposed of. - 10 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 7. As can be seen from the aforesaid order in relation to accused No.1 - Dr. T. Venkateshaiah, mere pendency of the criminal proceedings have been held not to come in the way of the respondent dispersing/releasing the earned leave encashment benefit in favour of the said Dr. T. Venkateshaiah. 8. Under these circumstances, by invoking / applying the doctrine of parity and since the petitioner along with the said Dr. T. Venkateshaiah are identically situated and both of them had been arrayed as accused No.1 and 3 respectively in the said Criminal Proceedings in PCR No.7238/2020, I am of the considered opinion that the impugned endorsement qua the petitioner deserves to be quashed and necessary directions be issued to the respondent to release/disperse the retirement benefits in favour of the petitioner within a stipulated time frame. 9. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned Endorsement at Annexure - K dated 13.02.2026 only insofar as the petitioner - K.C.Sundaramurthy, is hereby quashed. - 11 - HC-KAR NC: 2026:KHC:18560 WP No. 7483 of 2026 (iii) The respondent is directed to release/disburse all the retirement benefits in favour of the petitioner within a period of three months from the date of receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH List No.: 1 Sl No.: 13