Karnataka State Road Transport ... vs N Narasimhamurthy
2023 Latest Caselaw 1303 Kant

                                                 -1-
                                                         WA No.1194 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 14TH DAY OF FEBRUARY 2023
                                           PRESENT
                            THE HON'BLE MR. JUSTICE ALOK ARADHE
                                                 AND
                          THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
                            WRIT APPEAL NO.1194 OF 2021 (S-KSRTC)
                   BETWEEN:
                   1.   KARNATAKA STATE ROAD
                        TRANSPORT CORPORATION
                        BENGALURU CENTRAL DIVISION
                        K H ROAD, BENGALURU 560027
                        BY ITS MANAGING DIRECTOR.
Digitally signed
by RUPA V          2.   KARNATAKA STATE ROAD
Location: High          TRANSPORT CORPORATION
Court of                MYSORE RURAL DIVISION
Karnataka
                        MYSORE 57001
                        BY ITS DIVISIONAL CONTROLLER.

                   3.   KARNATAKA STATE ROAD
                        TRANSPORT CORPORATION
                        CHAMARAJANAGAR DIVISION
                        CHAMARAJANAGAR- 571440
                        BY ITS DIVISIONAL CONTROLLER.
                                                              ...APPELLANTS
                   (BY SMT. RENUKA H.R. ADV.,)
                   AND:
                   1.   N. NARASIMHAMURTHY
                        S/O LATE T.N. NARASIMHAIAH
                        AGED ABOUT 39 YEARS
                        WORKING AS ATTENDER K.S.R.T.C.
                        CHAMARAJA NAGARA DIVISION
                        CHAMARAJA NAGARA-571440.

                   2.   THE AUTHORIZED SIGNATORY
                        HOUSING DEVELOPMENT FINANCE CORPORATION
                        LIMITED (HDFC) HDFC HOUSE NO.51
                             -2-
                                         WA No.1194 of 2021




    KASTURBA ROAD,
    BANGALORE-560001.
                                             ...RESPONDENTS
(BY SRI. T.M. VENKATA REDDY, ADV., FOR R1
          R2 SERVED)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE
LEARNED SINGLE JUDGE PASSED IN WP NO.18805 /2015
DATED 29.06.2021

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                       JUDGMENT

This intra Court appeal has been filed against the

order dated 29.06.2021 passed by the learned Single

Judge in W.P.No.18805/2015 by which the writ petition

preferred by the respondent No.1 has been disposed of.

2. Facts giving rise to filing of this appeal briefly

stated are that the father of the respondent No.1 was an

employee of the Karnataka State Road Transport

Corporation (hereinafter referred to as 'the

Corporation'). The father of the respondent No.1 had

borrowed a sum of Rs.3,00,000/- by way of loan from

HDFC Bank and a sum of Rs.16,200/- from Noukrara

Balakedaarara Sahakara Sangh Niyamitha - KSRTC.

WA No.1194 of 2021

The father of the respondent No.1 expired on

05.12.2003. On account of untimely death of father of

the respondent No.1, the respondent No.1 was provided

appointment on compassionate basis. It is the case of

the respondent No.1 that an amount of Rs.95,162/- was

required to be recovered from the father of the

respondent No.1. Thereupon, the Corporation started

recovery of the amount in installments from the salary

of the respondent No.1.

3. The respondent No.1 thereupon filed a writ

petition before this Court. The learned Single Judge, by

an order dated 29.06.2021, has disposed of the writ

petition with a direction to the Corporation to refund the

amount recovered from the respondent No.1 since June

2012, within a period of three months failing which the

amount shall carry interest at the rate of 6% p.a. In the

aforesaid factual background, this appeal has been

filed.

WA No.1194 of 2021

4. We have heard the learned counsel for the

parties at length. Admittedly, before effecting the

recovery of the amount of Rs.95,162/- from the salary of

the respondent No.1 in installments, no opportunity of

hearing has been afforded to the respondent No.1. It is

also pertinent to note that the dispute between the

parties pertain to quantum of amount which is to be

recovered. Therefore, the Corporation ought to have

afforded an opportunity of hearing to the respondent

No.1 before seeking recovery of the amount in question.

However the aforesaid aspect of the matter has not been

appreciated by the learned Single Judge.

For the aforementioned reasons, order dated

29.06.2021 passed by the learned Single Judge is

hereby set aside. The Corporation shall issue notice to

the respondent No.1 clearly indicating the quantum of

amount as well as the manner in which the aforesaid

amount, if any, is sought to be recovered from the

respondent No.1. Needless to state that the respondent

No.1 shall be at liberty to submit a reply to the aforesaid

WA No.1194 of 2021

notice which may be issued by the Corporation. The

reply of the respondent No.1 shall be duly considered

and thereafter, the Corporation shall take a decision by

assigning reasons with regard to the loan which is

sought to be recovered from the respondent No.1 as well

as the number of installments in which the aforesaid

amount shall be recovered.

With the aforesaid direction, the appeal is disposed

of.

Consequently, the pending interlocutory

application is also disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RV