Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 52535 (KAR)

MR. DADAHAYAT S/O BABAJAN AKKI v. THE MANAGING DIRECTOR

WP/100599/2025 · 2026-01-20

K S Hemalekha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:581 WP No. 100595 of 2025 C/W WP No. 100599 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100595 OF 2025 (S-RES) C/W WRIT PETITION NO.100599 OF 2025 (S-RES) IN WP No. 100595/2025: BETWEEN: MR. SAIFULLA S/O. ABDUL AZEEM SAB KALKANI, AGE: 45 YEARS, OCC: METER READER, R/O. BEHIND ESHWAR TEMPLE, DEAD END ROAD, TQ: RANEBENNUR, DISTRICT: HAVERI-581115. …PETITIONER (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, HESCOM, CORPORATION OFFICE, NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580025. 2. THE CHIEF ENGINEER, (ELECTRICITY) O AND M CIRCLE, NEELGOUDAR COMPLEX, HESCOM, PB ROAD, HAVERI-581115. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:36:04 +0530 - 2 - HC-KAR NC: 2026:KHC-D:581 WP No. 100595 of 2025 C/W WP No. 100599 of 2025 3. THE SUPERINTENDING ENGINEER, (ELECTRICITY) O AND M CIRCLE, NEELGOUDAR COMPLEX, HESCOM, PB ROAD, HAVERI-581115. 4. THE EXECUTIVE ENGINEER, (ELECTRICITY) O AND M CIRCLE, HESCOM DIVISION, PB ROAD, RANNEBENNUR-581115. 5. THE ASSISTANT EXECUTIVE ENGINEER, (ELECTRICITY) O AND M SUB-DIVISION, HESCOM, PB ROAD, RANNEBENNUR-581115. 6. THE GENERAL MANAGER, KPTCL, CORPORATE OFFICE, KAVERI BHAVAN, BENGALURU-560009. …RESPONDENTS (BY MISS. VAISHALI K. KALADAGI, ADVOCATE FOR SRI. SHIVAKUMAR S. BADAWADGI, ADVOCATE FOR R1, R4 & R5; SRI. M.B. KANAVI, ADVOCATE FOR R2 & R3; SRI. B.S. KAMATE, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE SHOW CAUSE NOTICE BEARING NO.HESCOM / KA.NI.EM (VI)/LE/SALE/SALEA/HISA (SI)/RA/2017-18/ 11404-06 DATED 02/02/2018 ISSUED BY RESPONDENT NO.4 VIDE ANNEXURE-F; ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE SHOW CAUSE NOTICE BEARING NO.KANIEM(VI)/RA/LE/SALE/HISA(SI)/2019- 20/10569-72 DATED 04/12/2019 ISSUED BY RESPONDENT NO.4 VIDE ANNEXURE-G; ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE SHOW CAUSE NOTICE BEARING NO. KANIEM(VI)/RA/LE/SALE/HISA(SI)/2020-21/2710-14 DATED 30/07/2020 ISSUED BY RESPONDENT NO.4 VIDE ANNEXURE-H; ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE SHOW CAUSE NOTICE STYLED AS “SHOW CAUSE NOTICE-2” BEARING NO. HA/AEM(VI)/ULENI/SALE/KIAASA/CR-14/2020- 21/3312-14 DATED 11/08/2020 VIDE ANNEXURE-J; ISSUE A WRIT - 3 - HC-KAR NC: 2026:KHC-D:581 WP No. 100595 of 2025 C/W WP No. 100599 of 2025 IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO DECLARE SATISFACTORY COMPLETION OF PROBATION PERIOD OF THE PETITIONER; ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO EXTEND SERVICE BENEFITS INCLUDING PERIODIC INCREMENTS, TIME BOND PROMOTIONS AND ALL OTHER SERVICE BENEFITS WHICH THE PETITIONER IS ENTITLED ALONG WITH ARREARS OF THE SALARY WITH 18% INTEREST P.A ON THE DELAYED PAYMENT OF SERVICES AND ETC. IN WP NO. 100599/2025 BETWEEN: MR. DADAHAYAT S/O. BABAJAN AKKI, AGE: 45 YEARS, OCC: JUNIOR METER READER, R/O. #1940C MURADKHAN ONI, ANNIGERI, TQ: NAVALGUND, DIST: DHARWAD-582201. ...PETITIONER (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, HESCOM, CORPORATION OFFICE, NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580025. 2. THE CHIEF ENGINEER (ELECTRICITY), HUBBALLI ZONE, SHIVAGANGA LAYOUT, KESHWAPUR, HUBBALLI-580023. 3. THE SUPERINTENDING ENGINEER, (ELECTRICITY) O AND M CIRCLE, HESCOM, TABIB LAND, HUBBALLI-580020. - 4 - HC-KAR NC: 2026:KHC-D:581 WP No. 100595 of 2025 C/W WP No. 100599 of 2025 4. SUPERINTENDING ENGINEER (ELE) O AND M CIRCLE, HESCOM, KESHWAPUR CIRCLE, HUBBALLI-580023. 5. SUPERINTENDING ENGINEER (ELE), O AND M CIRCLE, BESCOM, TUMKURU-572102. 6. THE GENERAL MANAGER, KPTCL, CORPORATE OFFICE, KAVERI BHAVAN, BENGALURU-560009. ...RESPONDENTS (BY SRI. M.B. KANAVI, ADVOCATE FOR R1-R4; SMT. SUMANA NAGANANDA, ADVOCATE FOR R5; SRI. B.S. KAMATE, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE REPLY GIVEN BY RESPONDENT NO.2 VIDE LETTER NO.AEM(VI)/ULENI/HIASA/2023-24/7568-70 DATED 04/03/2024 GIVEN BY RESPONDENTS VIDE ANNEXURE-J; ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO DECLARE SATISFACTORY COMPLETION OF PROBATION PERIOD; ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO EXTEND SERVICE BENEFITS INCLUDING PERIODIC INCREMENTS, TIME BOND PROMOTIONS AND ALL OTHER SERVICE BENEFITS WHICH THE PETITIONER IS ENTITLED ALONG WITH ARREARS OF THE SALARY WITH 18% INTEREST P.A. ON THE DELAYED PAYMENT OF SERVICES. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 5 - HC-KAR NC: 2026:KHC-D:581 WP No. 100595 of 2025 C/W WP No. 100599 of 2025 ORAL ORDER 1. The respondent No. 4 issued show-cause notices to the petitioners in both writ petitions, calling upon them to explain as to why they have not passed the mandatory Kannada examination as directed by the department. 2. The petitioners have submitted their replies to the show-cause notices (Annexure-N and K). 3. Learned counsel appearing for the petitioners submits that in identical set of facts, the respondents have declared the probation of another employee of the very same department on the ground that the said employee was exempted from passing Kannada departmental examination, having studied Kannda language at SSLC level. It is contended that failure of the respondent to declare the probation of the present petitioners is violative of Rule 8 (5) of the Karnataka Electricity Board Recruitment and Promotion Regulations, Employees (Probation) Regulation’s and Employees (Seniority) Regulations (for short ‘the Rules’). - 6 - HC-KAR NC: 2026:KHC-D:581 WP No. 100595 of 2025 C/W WP No. 100599 of 2025 4. It is further submitted that the impugned show- cause notices and the consequential action of the respondents are wholly contrary to the statutory regulations. 5. Per contra, learned counsel appearing for the respondent No.1/HESCOM and Respondent No.6/KPTCL submit that only show cause notices have been issued and no final order has been passed. It is submitted that the reply already submitted by the petitioner in W.P.No.100595 of 2025, will be duly considered before passing any final order. Insofar as the petitioner in the connected petition namely W.P.No.100599 of 2025, the petitioner is at liberty to submit his reply to the show-cause notice issued, which shall thereafter be considered in accordance with law. 6. This Court has carefully considered the contentions raised by the learned counsel for the parties and perused the material on record. 7. From the material on record, it is unmistakably clear that the respondent-authority has issued only a show- cause notices to the petitioners calling upon them to explain whether they have passed the Kannadda departmental - 7 - HC-KAR NC: 2026:KHC-D:581 WP No. 100595 of 2025 C/W WP No. 100599 of 2025 examination as prescribed under Rule 9 of the Rules governing probation and appointment by promotion. Admittedly, no final order has been passed by the respondent-authorities. 8. In view of above, the writ petitions are premature. Since the petitioner in W.P.No.100595/2025 has already submitted his reply, the same is required to be considered by the competent authority in accordance with the law. Insofar as the petitioner in W.P.No.10599/2025 is concerned, liberty is reserved to the petitioner to submit his reply to the show-cause notice. 9. With above observations, this Court pass the following; ORDER i. Writ petitions are disposed of. ii. The petitioner in W.P.No.100599/2025 is at liberty to file his reply to the show-cause notice within a period two weeks from date of receipt of certified copy of this order. - 8 - HC-KAR NC: 2026:KHC-D:581 WP No. 100595 of 2025 C/W WP No. 100599 of 2025 iii. The respondent-authority shall consider the said reply submitted by the petitioner within four weeks thereafter. iv. The respondent-authority is directed to consider the reply submitted by the petitioner in W.P.No.100595/2025, within an outer limit of six weeks from the date of receipt of copy of this order and pass appropriate order in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA AM/- List No.: 1 Sl No.: 12