Karnataka High Court

Vijay Kumar vs Union Of India on 20 June, 2025

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                              -1-
                                                      NC: 2025:KHC-K:3251-DB
                                                      WP No. 200565 of 2025


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                               IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                            DATED THIS THE 20TH DAY OF JUNE, 2025

                                          PRESENT
                        THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
                                             AND
                            THE HON'BLE MRS. JUSTICE K S HEMALEKHA
                          WRIT PETITION NO. 200565 OF 2025 (S-CAT)
                   BETWEEN:

                        VIJAY KUMAR S/O LATE RAMJI LAL
                        AGED ABOUT 50 YEARS
                        DEPUTY DIRECTOR
                        ZONAL TRAINING INSTITUTE, SOUTH ZONE
                        ESIC HOSPITAL, SEDAM ROAD
                        KALABURAGI - 585 103.
                                                                ...PETITIONER

                   (BY SRI. SACHIN M. MAHAJAN, ADVOCATE)

Digitally signed   AND:
by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON        1.   UNION OF INDIA
Location: HIGH
COURT OF
                        MINISTRY OF LABOUR AND EMPLOYMENT
KARNATAKA               SHRAM SHAKTI BHAVAN, ROAD NO.2
                        RAFI MARG, NEW DELHI - 110 001.
                        THROUGH THE SECRETARY.
                   2.   THE DIRECTOR GENERAL
                        AND DISCIPLINARY AUTHORITY,
                        EMPLOYEE STATE INSURANCE CORPORATION (ESIC)
                        PANCHDEEP BHAVAN, CIG ROAD,
                        NEW DELHI - 110 002.
                                                              ...RESPONDENTS

(BY SRI. SUDHIR SINGH R. VIJAPUR - DSGI)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO IMPLEMENT THE ORDER PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL DATED 24.08.2023 IN OA.NO.170/00221/2021 (ANNEXURE-B) AND GRANT ALL THE PROMOTIONS, INCREMENTS AND OTHER BENEFITS TO THE PETITIONER AS IF NO DISCIPLINARY ACTION IS PENDING AGAINST THE PETITIONER FORTHWITH OR WITHIN A TIME- BOUND PERIOD; DIRECT THE RESPONDENTS TO PAY ALL BENEFITS, INCLUDING INCREMENTS, BONUSES, AND PROMOTIONS, WHICH THE PETITIONER IS ENTITLED TO, FORM THE DATE WHEN THESE BENEFITS WERE DUE, INCLUDING ALL ARREARS, WITH INTEREST FORTHWITH IN VIEW OF THE UNLAWFUL DELAY AND DISCRIMINATORY ACTIONS IN THE DISCIPLINARY PROCEEDINGS AND ETC.

THIS WRIT PETITION IS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 13.06.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING.

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS. JUSTICE K S HEMALEKHA

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CAV ORDER

(PER: HON'BLE MRS. JUSTICE K S HEMALEKHA)

The petitioner is before this Court aggrieved by the willful

and deliberate inaction on the part of the respondents in not re-

considering the disciplinary proceedings in compliance with the

directions issued by the Central Administrative Tribunal (for

short, 'Tribunal') in its order dated 24.08.2023 in

O.A.No.170/00221/2021.

[

2. Heard the learned counsel for the petitioner and the

learned counsel for the respondents.

3. Learned counsel for the petitioner submits that

despite the clear time bound directions of the Tribunal to

adjudicate the matter afresh in light of the observations made

therein, the respondents have failed to take any action, thereby

violating the Tribunal's order and denying the petitioner his

lawful entitlements, including consequential service benefits. It

is also submitted that the petitioner had initiated contempt

proceedings before the Tribunal in CAT C.P.No.33/2024 in

O.A.No.221/2021, owing to the non-implementation of the

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Tribunal's order dated 24.08.2023. It is submitted that despite

multiple opportunities granted by the Tribunal, the respondents

have failed to implement the directions of the Tribunal, in

support of his contention he has placed on record the order

sheet in contempt petition reflecting several adjournments,

which were sought by the respondents, thereby causing undue

delay and prejudicially affecting the petitioner's right. It is

submitted by the learned counsel appearing for the petitioner

that due to the willful inaction of the respondents, the

petitioner has been illegally deprived of his rightful promotion,

and in the meantime, employees junior to the petitioner have

been promoted.

4. Per contra, learned counsel appearing for the

respondents submits that there is no deliberate or willful

disobedience of the Tribunal's order and it is contended that

certain procedural formalities and inter departmental

communications are the reasons for the delay to pass the final

order in compliance with the Tribunal's judgment. It is further

submitted that, in the contempt petition filed before the

Tribunal, the respondents have put forward the reason for non-

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compliance which is not deliberate and the same having been

considered by the Tribunal, time is granted to report

compliance. It is the specific contention that there was

administrative delay attributable to unforeseen circumstances.

5. We have carefully considered the rival contentions

of the parties and perused the entire material placed on record.

The brief facts of the case:

6. The petitioner was appointed as Deputy Director

(Administration) in the Employees' State Insurance Corporation

(for short, 'ESIC') and was posted at ESIC Medical College and

Hospital, Kalaburagi. On certain allegations made against the

petitioner, charge sheet was issued and departmental enquiry

was conducted. Upon conclusion of the enquiry, the

disciplinary authority imposed a penalty of reduction to a lower

stage in the time-scale of pay for a period of five years, with

the stipulation that upon the expiry of the said period, the

reduction would have the effect of postponing future

increments of the petitioner. Aggrieved by the said penalty,

the petitioner preferred appeal before the respondent No.1, and

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also filed an application under Section 19 of the Administrative

Tribunals Act, 1985 with the following reliefs:

"a) ISSUE writ of certiorari or any other appropriate writ or order or direction, quashing the impugned order bearing Ref.No.C-14/13/31/2018-Vig dated 18.02.2020 (Annexure A9) passed by the 2nd Respondent, true copy of which is being produced and marked as Annexure A10, as the said order is illegal, arbitrary, unjust, without application of mind and thus violative of Articles 14 and 16 of the Constitution apart from being contrary to Regulation 26 of the ESIC Regulations, 1959;

aa) Issue a writ of certiorari or any other appropriate writ or order to quash the Order bearing Ref. No.C-

16/15/09/2020-Vig dated 30.03.2021 passed by the first respondent which has been produced as Annexure- A10 as the same is illegal, unjust, arbitrary, capricious apart from being in contravention of Articles 14, 16 and 21 of the Constitution of India.

b) ISSUE writ of mandamus or any other appropriate writ or order or direction, directing the respondents, in particular the 2nd Respondent to grant the applicant all the consequential benefits, as if there is no order of penalty and grant the applicant all the consequential benefits like pay fixation, seniority, promotion and other benefits which he is legally entitled to;

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c) PASS such other order/s, as this Hon'ble Tribunal deems fit in the facts and circumstances of the case, in the interest of justice and equity."

7. During the pendency of the application,

O.A.No.170/00221/2021, the appeal before the appellate

authority was rejected and hence the petitioner sought to

amend the application challenging the order of the appellate

authority. The petitioner in O.A.No.170/00221/2021 sought to

quash the penalty orders and prayed for mandamus directing

the respondents particularly the respondent No.2, Director

General, ESIC to grant all the consequential benefits, as if no

penalty has been imposed including restoration of pay,

seniority, promotion and other service benefits. One of the

members of Technical Evaluation Committee who was also

issued with the similar charge as issued to the petitioner had

filed application No.170/00568/2020 before the Tribunal. The

Tribunal on consideration of the material on record set aside

the order of the disciplinary authority and the order passed by

the Appellate Authority and remitted the matter to the

disciplinary authority to reconsider the same not later than

eight weeks from the date of receipt of the certified copy of the

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order. As the petitioner was placed in similar position and the

question involved was similar, the O.A.No.170/00221/2021

filed by the petitioner came to be disposed of in similar terms

as ordered in O.A. No.170/00568/2020 and the operative

portion of the order of the Tribunal reads as under:

"1) The order passed by the Disciplinary Authority dated 09.03.2020 at Annexure-A8 and the order passed by the Appellate Authority dated 30.03.2021 at Annexure-A10 are set aside.

2) The matter is restored to the file of the Disciplinary Authority, Respondent No.2, for reconsideration.

3) The Disciplinary Authority shall reconsider the matter and pass an appropriate order in accordance with law in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of this order.