Karnataka High Court
Bengaluru Electricity Supply vs Sri. Prasanna. T. H on 3 February, 2025
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NC: 2025:KHC:4781-DB
WA No. 84 of 2021
C/W WA No. 680 of 2020
WA No. 177 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO. 84 OF 2021 (S-RES)
C/W
WRIT APPEAL NO. 680 OF 2020 (S-RES)
WRIT APPEAL NO. 177 OF 2021 (S-DIS)
IN WA No. 84/2021:
BETWEEN:
1. BENGALURU ELECTRICITY
SUPPLY COMPANY LTD (BESCOM)
(A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956)
HAVING ITS REGD. OFFICE AT
K.R. CIRCLE, BENGALURU-560 001
NOW REPRESENTED BY ITS GENERAL MANAGER
2. CHIEF ENGINEER (ELEC)
OFFICE AND MAINTENANCE ZONE
Digitally signed BESCOM, THURUVANURU ROAD
by
CHANNEGOWDA BEHIND RTO OFFICE
PREMA
Location: High CHITRADURGA-577 501
Court of
Karnataka
NOW REPRESENTED BY ITS EXECUTIVE ENGINEER
3. SUPERINTENDENT ENGINEER (ELEC)
OFFICE AND MAINTENANCE CIRCLE
BESCOM
DAVANAGERE-577 001
NOW REPRESENTED BY SUPERINTENDENT
4. EXECUTIVE ENGINEER (ELEC)
OFFICE AND MAINTENANCE DIVISION
BESCOM
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WA No. 84 of 2021
C/W WA No. 680 of 2020
WA No. 177 of 2021
HARIHARA-577601
NOW REPRESENTED BY MANAGER
...APPELLANTS
(BY SRI. S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. PRASANNA KUMAR P., ADVOCATE)
AND:
1. H.M. KOTRESH
S/O H.M. MALLIKARJUNAIAH
AGED ABOUT 40 YEARS
RESIDING AT HULIKATTE VILLAGE
HARAPANAHALLI TALUK
DAVANAGERE DISTRICT-577 001
2. P.M. SHIVANANDA VARMA
S/O RAVI VARMA
AGED ABOUT 43 YEARS
RESIDING AT HULIKATTE VILLAGE
HARAPANAHALLI TALUK
DAVANAGERE DISTRICT-577 001
3. K.P. SANJEEVA KUMAR
S/O K. PARAMESHWARAPPA
AGED ABOUT 39 YEARS
RESIDING AT HULIVANA VILLAGE POST
HARAPANAHALLI TALUK
DAVANAGERE DISTRICT-577 001
4. T. PATHI NAIK
S/O REKHYA NAIK
AGED ABOUT 43 YEARS
RESIDING AT RAMAGATTA THANDA POST
HARAPANAHALLI TALUK
DAVANAGERE DISTRICT-577 001
5. B. GONEPPA
S/O BASAPPA
AGED ABOUT 46 YEARS
RESIDING AT NEELAGUNDHA VILLAGE POST
HARAPANAHALLI TALUK
DAVANAGERE DISTRICT-577 001
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WA No. 84 of 2021
C/W WA No. 680 of 2020
WA No. 177 of 2021
6. VISHWANATH K.M.
S/O MAHESHWARAIAH
AGED ABOUT 29 YEARS
RESIDING AT YELEHATE VILLAGE POST
HARIHARA TALUK
DAVANAGERE DISTRICT-577 001
7. K. RAMAPPA
S/O K. NAGAPPA
AGED 39 YEARS
RESIDING AT KADABAGERI POST
HARAPANAHALLI TALUK
DAVANAGERE DISTRICT-577 001
8. A. KARIBASAVARAJU
S/O VRUSHABENDRAPPA
AGED ABOUT 37 YEARS
RESIDING AT CHIGATERE VILLAGE POST
HARAPANAHALLI TALUK
DAVANAGERE DISTRICT-577 001
...RESPONDENTS
(BY SRI. B.M. HALA SWAMY, ADVOCATE FOR R1 TO R7;
NOTICE TO R8 SERVED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO (1) ALLOW THE WRIT APPEAL,
CALL FOR RELEVANT RECORDS AND (2) SET-ASIDE THE
IMPUGNED JUDGEMENT DATED 31.08.2020 PASSED BY THE
HON'BLE SINGLE JUDGE IN WRIT PETITION Nos.43037-
44/2015, AND CONSEQUENTLY, ALLOW THE PRESENT WRIT
APPEAL AND ETC.
IN WA NO. 680/2020:
BETWEEN:
1. THE MANAGING DIRECTORE
BANGALORE ELECRTICITY SUPPLY COMPANY LTD.
K.R. CIRCLE, BENGALURU-560 001
NOW REPRESENTED BY ITS
GENERAL MANAGER (A AND HR)
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WA No. 84 of 2021
C/W WA No. 680 of 2020
WA No. 177 of 2021
2. THE SUPERINTENDING ENGINEER
WORK AND MAINTENANCE CIRCLE
BENGALURU ELECTRICITY SUPPLY CO. LTD.
DAVANAGERE
3. THE EXECUTIVE ENGINEER
WORK AND MAINTENANCE DIVISION
BENGALURU ELECTRICITY SUPPLY CO. LTD.
DAVANAGERE
4. THE ASSISTANT EXECUTIVE ENGINEER
WORK AND MAINTENANCE DIVISION
BENGALURU ELECTRICITY SUPPLY CO. LTD.
DAVANAGERE
...APPELLANTS
(BY SRI. S.S. NAGANAND, SENIOR ADVOCATE FOR
SMT. SUMANA NAGANAND, ADVOCATE)
AND:
1. SRI. R.K. SHIVARAJU
S/O R. KRISHNAPPA
AGED ABOUT 42 YEARS
WORKING AS GVP/MFF
(GRAMA VIDYUTH PRATHINIDHI)
DONNEHALLI/ HIREMALLANAHOLE
GRAMA PANCHAYATH
JAGALUR SUB-DIVISION
DAVANAGERE DIVISION
2. SRI. S.T. PRABHU PRASAD
S/O S. THIMMA REDDY
AGED ABOUT 49 YEARS
WORKING AS GVP/MFF
(GRAMA VIDYUTH PRATHINIDHI)
HANUMANTHAPURA GRAMA PANCHAYATH
JAGALUR SUB-DIVISION
DAVANAGERE DIVISION
3. SRI. G.S. DEVARAJ GOWDA
S/O SANNATHAMMA GOWDA
AGED ABOUT 46 YEARS
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WA No. 84 of 2021
C/W WA No. 680 of 2020
WA No. 177 of 2021
WORKING AS GVP
(GRAMA VIDYUTH PRATHINIDHI)
HOSAKERE GRAMA PANCHAYATH
JAGALUR SUB-DIVISION
DAVANAGERE DIVISION
...RESPONDENTS
(BY SRI. SUBRAMANYA BHAT M., ADVOCATE FOR R1 TO R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE COMMON
ORDER DATED 31.08.2020 PASSED BY THE LEARNED SINGLE
JUDGE IN WP Nos.20897-99/2015 (S-RES) AND OTHER
CONNECTED MATTERS AND DISMISS THE WRIT PETITIONS IN
THE INTEREST OF JUSTICE.
IN WA NO. 177/2021:
BETWEEN:
1. BENGALURU ELECTRICITY SUPPLY
COMPANY LTD (BESCOM)
(A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT, 1956)
K.R. CIRCLE, BENGALURU-560 001
REPRESENTED BY ITS GENERAL MANAGER
2. SUPERINTENDENDENT ENGINEER
(ELEC), OFFICE ANDMAINTENANCE CIRCLE
BESCOM, DAVANGERE
3. CHIEF ENGINEER (ELEC)
OFFICE AND MAINTENANCE ZONE
BESCOM, THURUVANURU ROAD
BEHIND RTO OFFICE
CHITRADURGA
REP. BY ITS CHIEF ENGINEER
4. EXECUTIVE ENGINEER (ELEC)
BESCOM, HIRIYUR DIVISION
CHITRADURGA DISTRICT-577 501
REP. BY ITS CHIEF ENGINEER
...APPELLANTS
(BY SRI. S.S. NAGANAND, SENIOR ADVOCATE FOR
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WA No. 84 of 2021
C/W WA No. 680 of 2020
WA No. 177 of 2021
SRI. PRASANNA KUMAR P., ADVOCATE)
AND:
1. SRI. PRASANNA T.H.
S/O PATEL VARAKERAPPA
AGED ABOUT 41 YEARS
R/AT. THOREBEERANAHALLI
BELAGERE POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 538
2. SRI. I.S. SHESHACHALA
S/O SHIVARAMU
AGED ABOUT 48 YEARS
R/AT. NANNIVALA POST
NARALAGHATTA, HANABE
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 522
3. SRI. THAMMANNA
S/O NAYAKANAHATTI THIPPAIAH
AGED ABOUT 45 YEARS
R/AT. NANNIVALA POST
NARALAGHATTA, HANABE
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 522
4. SRI. M. JAYANNA
S/O MARLAPPA
AGED ABOUT 46 YEARS
R/AT. HOTTAPPANAHALLI POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 538
5. SRI. H. VIRUPAKSHAPPA
S/O HANUMANTHAPPA
AGED ABOUT 47 YEARS
R/AT. PARSHURAMPURA POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577538
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C/W WA No. 680 of 2020
WA No. 177 of 2021
6. SRI. G. KOTAPPA
S/O GORAPPA
AGED ABOUT 48 YEARS
R/AT. GOPANAHALLI POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 538
7. SRI. HONNUR SWAMY T.
S/O THIPPESWAMY
AGED ABOUT 41 YEARS
R/AT. KARIKERE POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 522
8. SRI. D. PRAKASH
S/O DURGAPPA
AGED ABOUT 42 YEARS
R/AT. MALLURHALLI VILLAGE
GOWDAGERE POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 522
9. SRI. K.O. JAYANNA
S/O K.V. OBANIYAKA
AGED ABOUT 50 YEARS
R/AT. DODDA ULLARTHI POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 538
10. SRI. E. THIPPESWAMY
S/O C.F. ERANNA
AGED ABOUT 48 YEARS
R/AT. PARSHURAMPURA POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 522
11. SRI. T. SHANTHAKUMAR
S/O THIPPANNA
AGED ABOUT 41 YEARS
R/AT. CHIKKAMADHURE
HIREMADHURE POST
CHALLAKERE TALUK
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C/W WA No. 680 of 2020
WA No. 177 of 2021
CHITRADURGA DISTRICT-577 538
12. SRI. B. SANNAPPA
S/O MADIVALARA BHEEMAPPA
AGED ABOUT 48 YEARS
RESIDING AT KATAMADEVARAKOTE POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 537
13. SRI. H.M. JAYANNA
S/O MARIYAPPA
AGE ABOUT 45 YEARS
R/AT. PURLAHALLI
CHANNAMANGTHAHALLI POST
CHALLAKERE TALUK
CHITRADURGA-577 539
14. SRI. G.V. THIPPESWAMY
S/O VISHWARASHAYA
AGED ABOUT 48 YEARS
RESIDING AT HULIKUNTEE POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 538
15. SRI. M. MUKUNDHA
S/O SANMUDHAPPA
AGED ABOUT 53 YEARS
RESIDING AT GOSIKERE POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 538
16. SRI. H. ESHWARA
S/O HANUMANTHRAYA
AGED ABOUT 40 YEARS
RESIDING AT DODDA ULLARTHI POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 522
17. SRI. THIMMARAJU G.
S/O GOVINDARAYA
AGED ABOUT 40 YEARS
RESIDING AT P. MAHADEVAPURA POST
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WA No. 84 of 2021
C/W WA No. 680 of 2020
WA No. 177 of 2021
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 522
18. SRI. B. SURESH
S/O BASANNA
AGED ABOUT 46 YEARS
RESIDING AT KENCHAVEERANAHALLI
DODDIRE POST, CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 538
19. SRI. T. ANJENAYA
S/O THIMMAPPA
AGED ABOUT 35 YEARS
RESIDING AT KYADEGUNTE
S.D. DURGA POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 501
20. SRI. R. NAGESH
S/O RANGAPPA
AGED ABOUT 28 YEARS
RESIDING AT NELAGUNTHANAHALLI POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 538
21. SRI. T. BASAVARAJ
S/O B.V. THIPPESWAMY
AGED ABOUT 36 YEARS
RESIDING AT N. DEVARAHALLI POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 536
22. SRI. H. HONNESHI
S/O HONNAPPA
AGED ABOUT 41 YEARS
RESIDING AT PURLAHALLI VILLAGE
CHANNAMANAGATHEHALLI POST
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 538
...RESPONDENTS
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WA No. 84 of 2021
C/W WA No. 680 of 2020
WA No. 177 of 2021
(BY SRI. SUBRAMANYA BHAT M., ADVOCATE FOR R1 TO R5
& R7 TO R22;
APPEAL AS AGAINST R6 STAND ABATED V.C.O. DATED
20.01.2025)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO (1) CALL FOR RELEVANT
RECORDS AND (2) SET-ASIDE THE IMPUGNED JUDGEMENT
DATED 31.08.2020 PASSED BY THE HON'BLE SINGLE JUDGE
IN WRIT PETITION Nos.44902-923/2015, AND
CONSEQUENTLY, ALLOW THE PRESENT WRIT APPEAL AND
ETC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
We have heard the learned Senior counsel appearing for
the appellants as well as the learned counsel appearing for the
respondents.
2. It is submitted by the learned Senior counsel that
the question raised in these appeals is covered by judgment of
the co-equal bench of this Court in WA No.34/2021 and
connected cases by judgment dated 24.01.2025. This Court
had held that the contract entered into by the appellants with
GVPs/MFFs was a contract of service and that such contract can
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be terminated on allegations of malfeasance or misfeasance
only after issuance of due notice.
3. It is submitted that the learned Single Judge had
considered the contentions of the employees and had held that
the impugned termination orders would stand quashed with
liberty to the appellants to hold disciplinary enquiry within 8
weeks and if the employees are found not guilty, they would be
entitled to reinstatement without consequential benefits. It is
submitted that the said direction was stayed by this Court in
these writ appeals. It is submitted that in view of the finding in
the judgment dated 24.01.2025, the interim order of stay
granted by the co-equal bench in these matters will have to be
vacated and the orders of the learned Single Judge will have to
be given effect to.
4. Learned counsel for the respondents submits that in
many of these cases, there are findings that the employees
were not at fault for the shortfalls alleged against them and
that there will be no requirement for conducting the disciplinary
enquiries against them. Annexure-N, which is produced along
with the WP Nos.43037-43044/2015, which is the subject
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matter of WA No.84/2020 is sought to be relied on in support
of this contention.
5. Having considered the contentions advanced and in
view of the fact that the learned Single Judge had quashed the
termination orders and directed the conduct of the enquiry and
in view of the findings of paragraph 26 of the judgment dated
24.01.2025 in WA No.34/2021 and connected cases, we are of
the opinion that the respondents would be entitled to the same
relief. The writ appeals therefore fail. The same are accordingly
dismissed. The directions of the learned Single judge in the
judgments under appeal shall be given effect to at the earliest.
Appropriate steps shall be taken within a period of four weeks
from today.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RAK
