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2026 DAILYLAW 3493 (KAR)

NIRANJAN GUPTA v. MANGALORE REFINERY AND PETROCHEMICALS LTD

WP/9756/2022 · 2026-04-09

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20158 WP No. 9756 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.9756 OF 2022 (S-RES) BETWEEN: NIRANJAN GUPTA S/O SHRI JEEVAN LAL GUPTA AGED ABOUT 55 YEARS RESIDING AT FLAT NO.EN-3 MRPL OFFICERS RESIDENTIAL COLONY MRPL TOWNSHIP KATIPALLA MANGALORE - 570 030. …PETITIONER (BY SRI. NAGENDRA NAIK R., ADVOCATE) AND: MANGALORE REFINERY AND PETROCHEMICALS LTD KUTHETHOOR POST VIA KATIPALLA MANGALORE - 575 030 REP BY ITS MANAGING DIRECTOR. …RESPONDENT (BY SRI. MANJUNATHA B., ADVOCATE) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE ENQUIRY OFFICER DATED 14.04.2022 AS PER ANNEXURE-ADIRECTING THE RESPONDENT TO FURNISH THE COPY OF REPORT OF THE CBI ON WHICH CHARGE IS FRAMED AND THE PRESENT CHARGESHEET IS ISSUED TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20158 WP No. 9756 of 2022 ORAL ORDER In this petition, petitioner seeks the following reliefs: “a) Issue a writ in the nature of certiorari to quash the order of the Enquiry officer bearing No.SGB/IA/01/2022- MRPL dated 14.04.2022 as per the Annexure-A, and b) Issue a writ in the nature of mandamus directing the Respondent to furnish the copy of report of the CBI on which charge is framed and the present charge sheet is issued to the petitioner, and c) To pass such orders or orders as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that on 21.10.2021 vide Annexure – B respondent issued Articles of Charges to the petitioner and initiated enquiry and during the course of the enquiry, the petitioner made a request to the respondent No.2 on 08.04.2022 requesting the respondent to furnish the CBI report dated 27.07.2021 referred to and relied upon by the respondent in the Articles of Charges. It is the grievance of - 3 - HC-KAR NC: 2026:KHC:20158 WP No. 9756 of 2022 the petitioner that though the petitioner requested the respondent to furnish a copy of the said CBI report dated 27.07.2021, the respondent has rejected the said request on the ground that the said CBI report is not relevant for the purpose of enquiry. Aggrieved by the impugned order at Annexure – A dated 14.04.2022, petitioner is before this Court by way of the present petition. 4. Per contra, learned counsel for the respondent on instructions submits that the Articles of Charges were not issued on the basis of the aforesaid CBI Report dated 27.07.2021 and that the Articles of Charges were issued independent of the said report for violation of C and D Rules. In addition thereto, learned counsel for the respondent on instructions submits that during the course of enquiry, the respondent would neither produce the said CBI report nor would rely upon the said report and the enquiry proceedings will be conducted without the said report being part of the record and only based on other documents produced / to be produced by the respondent. - 4 - HC-KAR NC: 2026:KHC:20158 WP No. 9756 of 2022 5. In view of the aforesaid facts and circumstances and the submissions made on behalf of the respondent that they would not produce nor place reliance upon the CBI Report dated 27.07.2021 sought for by the petitioner, I deem it just and appropriate to dispose of this petition directing the Enquiry Officer to complete the enquiry without the CBI report being produced or relied upon by the respondent. 6. Liberty is reserved in favour of both parties to adduce their respective oral and documentary evidence and the respondent will complete the enquiry as expeditiously as possible. 7. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 23