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2026 DAILYLAW 43638 (KAR)

SRI. C. RAMESH v. M/S. HINDUSTAN AERONAUTICS LIMITED

WA/1717/2026 · 2026-09-24

D K Singh, H Shanthi Bhushan

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010461732026 NC: 2026:KHC:52846-DB WA No. 1717 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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. 1717 OF 2026 (S-RES) BETWEEN: SRI. C. RAMESH S/O SRI A. CHELLADURAI, AGED ABOUT 48 YEARS PERMENANT ADDRESS NO.D-3, VASANTHAM NAGAR, PILLAYAR KOIL STREET, NEAR LIC ZONAL OFFICE, PRITVIPAKKAM, AMBATTUR, CHENNAI-600053 PRESENTLY RESIDING AT NO.101, MARS RESIDENCY, SECOND FLOOR, PATEL MARAPPA LAYOUT, ELLAMMA TEMPLE STREET, NEAR GANESHA TEMPLE, S.G. PALYA, C.V. RAMAN NAGAR POST, BENGALURU-560 093. …APPELLANT (BY SMT. S. MUBARAK BEGUM, ADVOCATE) AND: 1. M/S. HINDUSTAN AERONAUTICS LIMITED (A GOVERNMENT OF INDIA UNDERTAKING) REPRESENTED BY ITS CHAIRMAN AND Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010461732026 NC: 2026:KHC:52846-DB WA No. 1717 of 2026 MANAGING DIRECTOR, HAVING ITS CORPORATE OFFICE AT NO.1, RAJBHAVAN ROAD, BENGALURU-560001. 2. THE GENERAL MANAGER (0) AND DISCIPLINARY AUTHORITY M/S HINDUSTAN AERONAUTICS LIMITED BENGALURU COMPLEX, BENGALURU-560017. 3. THE CHIEF EXECUTIVE OFFICER (BC) AND APPELLATE AUTHORITY M/S HINDUSTAN AERONAUTICS LIMITED BENGALURU COMPLEX, BENGALURU-560 017. 4. THE EXECUTIVE DIRECTOR (ENGINES AND IMGT DIVISION) ENGINES DIVISION, HAL (BC) M/S HINDUSTAN AERONAUTICS LIMITED, BENGALURU COMPLEX, BENGALURU-560 093. 5. HEAD OF HER DEPARTMENT (IMGT DIVISION) M/S HINDUSTAN AERONAUTICS LIMITED, BENGALURU COMPLEX, BENGALURU -560 093. 6. THE CHIEF OF PROJECTS (IMGT DIVISION) M/S HINDUSTAN AERONAUTICS LIMITED, BENGALURU COMPLEX, BENGALURU-560 093. …RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER - 3 - HC-KAR CNR: KAHC010461732026 NC: 2026:KHC:52846-DB WA No. 1717 of 2026 DATED 07.04.2026 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.NO.3297/2023 AND CONSEQUENTLY ALLOW THE SAID WRIT PETITION AND ETC. 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) The present intra Court appeal has been filed impugning the judgment and order dated 07.04.2026 passed by the writ Court in W.P.No.3297/2023 (S-RES) filed by the appellant herein. 2. This is a second round of litigation by the appellant before this Court. The petitioner, who is employed as a Engineer Grade 2 in Research and Design Division of Hindustan Aeronautics Ltd., Bangalore, was dismissed from service for abandoning his services and remaining unauthorizedly absent, on two occasions for a period of 52 days and 122 days for which two charge sheets were issued. After charges having been found proved, the disciplinary authority inflicted major - 4 - HC-KAR CNR: KAHC010461732026 NC: 2026:KHC:52846-DB WA No. 1717 of 2026 punishment of dismissal from service, the appellate authority affirmed the order passed by the disciplinary authority against which, the appellant preferred W.P.No.43283/2017. The said writ petition came to be allowed in part, by the writ Court applying the doctrine of proportionality and setting aside the order of dismissal and remitting the matter back to the HAL for reconsideration of the penalty of dismissal from service by imposing any lesser appropriate penalty upon the appellant. On remand, the disciplinary authority has considered the quantum of punishment after issuing the notice to the appellant. The disciplinary authority has modified the earlier punishment of dismissal from service and reduced the penalty to reduction of pay of the appellant by 15 stages. 3. The petitioner being aggrieved by the said order passed by the disciplinary authority on remand preferred the appeal. However, the appellate authority dismissed the appeal and affirmed the penalty imposed on the petitioner of reduction of pay by 15 stages. The petitioner thereafter, filed the W.P.No.3297/2023, the writ Court having considered the order passed by the writ Court and in the Division Bench in - 5 - HC-KAR CNR: KAHC010461732026 NC: 2026:KHC:52846-DB WA No. 1717 of 2026 W.A.No.385/2021 preferred by the HAL and also considering the gross misconduct of remaining unauthorisedly absent for a very long period, has dismissed the writ petition vide impugned judgment. 4. We find no error in the impugned orders passed by the disciplinary authority, appellate authority and the Court. This Court cannot substitute the quantum of punishment, when the charges stand proved against the appellant for committing the misconduct. We therefore, dismiss this writ appeal finding it without any merit. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE NG CT:SM List No.: 1 Sl No.: 5