- 1 - HC-KAR CNR: KAHC010077872025 NC: 2026:KHC:49363-DB WA No. 185 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 185 OF 2025 (S-DE) BETWEEN: 1. CANARABANK A BODY CONSTITUTED UNDER THE BANKING COMPANIES(ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 HAVING ITS HEAD OFFICE AT NO.112, J.C. ROAD, BENGALURU -560002. REPRESENTED BY ITS GENERAL MANAGER, INDUSTRIAL RELATIONS SECTION, PERSONNEL WING …APPELLANT (BY SRI. UDAYA SHANKAR RAI P., ADVOCATE) AND: 1. SRI. V GOPALAKRISHNA S/O LATE. VENKATARAYAPPA AGED ABOUT 60 YEARS, EARLIER WORKING AS AN OFFICER IN JUNIOR MANAGEMENT, GRADE SCALE I AT CANARA BANK, 2ND PHASE, J.P.NAGAR BRANCH, BENGALURU, R/AT NO.128, 2ND MAIN, 3RD CROSS, KSRTC LAYOUT, 2ND PHASE, J.P. NAGAR, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010077872025 NC: 2026:KHC:49363-DB WA No. 185 of 2025 BENGALURU-560078. SINCE DECEASED REPRESENTED BY HIS LEGAL HEIRS 1.1 SMT.SHASHI REKHA W/O LATE. V.GOPALAKRISHNA AGED ABOUT 61 YEARS 1.2 KARTHIK G K S/O LATE. V.GOPALAKRISHNA AGED ABOUT 32 YEARS 1.3 SHRUTHI D/O LATE. V.GOPALAKRISHNA AGED ABOUT 39 YEARS PETITIONER Nos.1.1 TO 1.3 ARE R/AT NO. 128, 2ND MAIN, 3RD CROSS, KSRTC LAYOUT, 2ND PHASE, J.P.NAGAR, BENGALURU-560078. 1.4 DHANUSH K.G S/O LATE. V. GOPALAKRISHNA AGED ABOUT 30 YEARS R/AT NO. C-404, SIGNATURE CREST APARTMENT, SY.NO.44/4, GONIGBETTAPURA VILLAGE, SARJAPURAHOBLI, BENGALURU -562125. …RESPONDENTS (BY SRI. ANANDARAMA K, FOR R1.2; SRI. VAIBAV M IYENGAR FOR R1.4; R-1.1 - SHASHI REKHA - SERVED; R-1.3 - SHRUTHI SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE - 3 - HC-KAR CNR: KAHC010077872025 NC: 2026:KHC:49363-DB WA No. 185 of 2025 ORDER IN WP No-18557/2023 (S-DE) DATED 30.07.2024 PASSED BY THE LEARNED SINGLE JUDGE AND PASS SUCH OTHER ORDER AS DEEM FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Heard Mr. Udaya Shankar Rai P., learned counsel appearing for the appellant, and Mr. Ananda Rama K., learned counsel appearing for the respondents. 2. The present intra-court appeal has been filed impugning the judgment and order dated 30.07.2024 passed in W.P. No. 18557/2012 by the learned Single Judge. The said writ petition was filed by late V. Gopalakrishna and is now being prosecuted by his legal representatives, who are the respondents herein. 3. Late V. Gopalakrishna was employed with the appellant-bank as an Middle Management Grade Scale-II officer. He faced disciplinary proceedings for various charges of - 4 - HC-KAR CNR: KAHC010077872025 NC: 2026:KHC:49363-DB WA No. 185 of 2025 misconduct. The Enquiry Officer found the charges against him stood proved. The Disciplinary Authority, after affording due opportunity to the delinquent employee by issuing a show- cause notice, imposed a major penalty reducing his grade from Middle Management Grade Scale-II to Junior Management Grade Scale-I and further disentitling him for promotion for a period of two years. 4. The Appellate Authority subsequently confirmed the punishment inflicted by the Disciplinary Authority. Aggrieved by these orders, late V. Gopalakrishna challenged them in the aforementioned writ petition. During the pendency of the writ petition, the delinquent employee passed away, and his legal representatives were brought on record. 5. The learned Single Judge has modified the punishment order by withholding two increments with cumulative effect, on the ground that the punishment inflicted on the deceased employee was harsh, though the learned Single Judge found that the enquiry was conducted in accordance with the relevant rules and in due observance of principles of natural justice. - 5 - HC-KAR CNR: KAHC010077872025 NC: 2026:KHC:49363-DB WA No. 185 of 2025 6. It is well-settled that the High Court should ordinarily not interfere with an order of punishment if the enquiry has been conducted in accordance with the procedure contemplated under the relevant rules and in compliance with principles of natural justice. If the High Court finds that the punishment is shockingly disproportionate to the gravity of the misconduct, it may remand the matter to the authority concerned for taking a lenient view or reduce the punishment. No such finding has been recorded by the writ Court in the present case. 7. Even the modified order of punishment passed by the learned Single Judge could not be given effect inasmuch the deceased delinquent employee had already reached the saturation point of his pay scale and there was no question of reducing his two increments before his retirement from service. 8. However, considering the facts and circumstances of the case specifically that the employee is no more and his legal representatives are prosecuting the case, we are not inclined to confirm the order of punishment as inflicted by the Disciplinary Authority and Appellate Authority instead we deem - 6 - HC-KAR CNR: KAHC010077872025 NC: 2026:KHC:49363-DB WA No. 185 of 2025 it appropriate to deduct the post-retiral dues of the employee by 20%. The family pension and other consequential benefits shall be payable as per the order of learned Single Judge. 9. With the aforesaid directions, the Writ Appeal stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA List No.: 2 Sl No.: 8