- 1 - HC-KAR CNR: KAHC010741812024 NC: 2026:KHC:37455 WP No. 36502 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 36502 OF 2024 (S-RES) BETWEEN: CHALAPATHY AGED ABOUT 64 YEARS, S/O LATE JAYARAM, SF5, 2ND FLOOR, ELITE NO. 3/12, I CROSS, 18TH MAIN, NEAR ISRO LAYOUT, BANGALORE - 560078. …PETITIONER (BY SRI. MADHVACHAR M.,ADVOCATE) AND: 1. THE MANAGING DIRECTOR CORPORATE OFFICE, BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, CORPORATE OFFICE, K R CIRCLE, BANGALORE - 560001. 2. THE GENERAL MANAGER (A AND HR) BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, K R CIRCLE, DR AMBEDKAR VEEDHI, BANGALORE - 560 001. 3. THE CHIEF GENERAL MANAGER (F AND C) CORPORATE OFFICE, BESCOM, K R CIRCLE, BANGALORE 5600001 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010741812024 NC: 2026:KHC:37455 WP No. 36502 of 2024 4. THE EXECUTIVE ENGINEER (EL) JAYANAGAR DIVISION, BESCOM BSK I STAGE, RAMANAGARA 560078. …RESPONDENTS (BY SMT. M C NAGASHREE, ADVOCATE FOR R3 R1, R2 & R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT THE PETITIONER THE FOLLOWING RELIEFS. i) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION QUASHING THE ADJUSTMENT OF RS.1,54,979/- (RECOVERY OUT OF THE TERMINAL BENEFITS) IN PPO NO. BP/2607 DTD. 12.05.2021 (RPAR NO.204008) VIDE ANNX-A ISSUED BY THE RESPONDENT- 3. ii) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING THE RESPONDENT TO REFUND A SUM OF RS. 1,54,979/- TO THE PETITIONER ALONG WITH INTEREST AT 18 PERCENT PER ANNUM FROM THE DATE OF RETIREMENT TILL THE DATE OF PAYMENT. iii) PASS ANY APPROPRIATE ORDER OR ODERS AS THIS HON’BLE Court DEEMS FIT TO PASS IN THE INTEREST OF JUSTICE INCLUDING THE COST OF THE LITIGATION. IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR CNR: KAHC010741812024 NC: 2026:KHC:37455 WP No. 36502 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking following reliefs: i) Issue a writ of certiorari or any other appropriate writ order or direction quashing the adjustment of Rs.1,54,979/- (recovery out of the terminal benefits) in PPO No.BP/2607 dtd. 12.05.2021 (RPAR No.204008) vide Annexure-A issued by respondent-3. ii) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondent to refund a sum of Rs.1,54,979/- to the petitioner along with interest at 18 percent per annum from the date of retirement till the date of payment. iii) Pass any appropriate order or orders as this Hon’ble Court deems fit to pass - 4 - HC-KAR CNR: KAHC010741812024 NC: 2026:KHC:37455 WP No. 36502 of 2024 in the interest of justice including the cost of the litigation. in the interest of justice and equity. 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner joined the service at Generating Station at Munirabad on 01.04.1983 and retired from service on attaining the age of superannuation on 30.04.2020. On approval, the Pension Payment Order was issued by respondent No.2 with a recovery of ₹1,59,979/- from the payment of retirement benefits i.e. DCRG, etc. after the date of retirement, alleging excess payment. 4. The petitioner submitted a detailed representation dated 15.05.2021 to the respondents requesting to cancel the recovery order. A representation dated 20.09.2022 was also submitted to the respondents for refund of the amount recovered unauthorisedly along with the interest. Despite the same, said - 5 - HC-KAR CNR: KAHC010741812024 NC: 2026:KHC:37455 WP No. 36502 of 2024 representations were not considered by the respondents. Hence, this petition. 5. The respondents, despite granting sufficient opportunity, did not file statement of objections. 6. Heard the learned counsel for the petitioner and learned counsel for the respondents. 7. Learned counsel for the petitioner submits that the respondents, before passing the order at Annexure-A for recovery, has not conducted any enquiry. The impugned order passed by respondent No.3 is in violation of the principles of natural justice and also in view of the proposition laid down by the Hon'ble Apex Court in case of State of Punjab and others v. Rafiq Masih (White Washer)1. On these grounds, he prays to allow the writ petition. 1 AIR 2015 SC 696 - 6 - HC-KAR CNR: KAHC010741812024 NC: 2026:KHC:37455 WP No. 36502 of 2024 8. Per contra, learned counsel for the respondents submits that the respondents have wrongly made an excess payment to the petitioner, as such, the respondents have passed the impugned order for recovery of the said excess amount paid to the petitioner. The action of the respondents in recovering the said amount is legal and hence, prays to dismiss the writ petition. 9. Perused the records and considered the submissions of the learned counsel for the parties. 10. It is an undisputed fact that the petitioner joined the service in the respondent Corporation in 1983 and he retired from service on attaining the age of superannuation on 30.04.2020. Respondent No.2, while approving the Pension Payment Order, has passed an order to recover the amount of ₹1,54,979/- from the retirement benefits i.e., DCRG - 7 - HC-KAR CNR: KAHC010741812024 NC: 2026:KHC:37455 WP No. 36502 of 2024 etc., after the date of retirement alleging excess payment. 11. The petitioner submitted a representation for cancellation of the impugned order vide Annexure-A. The respondents did not consider the representation and recovered the amount of ₹1,54,979/-. The recovery made by the respondents from the payment of retirement benefits i.e. DCRG etc., is in violation of the principles of natural justice, since, before passing the impugned order, the petitioner was not heard personally. On this ground alone, the impugned order is liable to be set aside. 12. In view of the above discussion, I proceed to pass the following order: ORDER (i) The writ petition is allowed. (ii) The impugned order dated 12.05.2021 passed by respondent - 8 - HC-KAR CNR: KAHC010741812024 NC: 2026:KHC:37455 WP No. 36502 of 2024 No.3 vide Annexure ‘A’ is hereby quashed; (iii) Respondent No.3 is directed to hold an enquiry and pass an appropriate order in accordance with law within a period of 2 months from the date of receipt of a copy of this order. (iv) The refund of amount shall be subject to the outcome of the enquiry to be conducted. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 1 Sl No.: 35