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NC: 2024:KHC-D:17537
WP No. 105511 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
TH
DATED THIS THE 29 DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 105511 OF 2024 (S-R)
BETWEEN:
SHILADHAR L. NATIKAR,
AGE: 63 YEARS, OCC: RETIRED ACCOUNTANT,
R/O.C/O. DURGAPPA MALEPPA GADAD,
GADDANKERI CROSS, TQ: DIST: BAGALKOTE.
…PETITIONER
(BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE)
AND:
1. THE KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
REPRESENTED BY THE MANAGING DIRECTOR,
KAVERI BHAVAN, BENGALURU-560009.
2. THE KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
REPRESENTED BY THE DIRECTOR (HUMAN RESOURCE),
KAVERI BHAVAN, BENGALURU-560009.
…RESPONDENTS
(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
V N
BADIGER
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
Location: HIGH
COURT OF
OF THE CONSTITUTION OF INDIA PRAYING TO
KARNATAKA
DHARWAD
BENCH
1. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING
THE IMPUGNED ENDORSEMENT DATED 08/07/2024 BEARING
NO.KAVIPRANI/KCO5/60431/2024-25/24861/1254 VIDE
ANNEXURE-F.
2. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING
RESPONDENT NO.1 TO DISBURSE THE COMPLETE TERMINAL
BENEFITS IN TERMS OF REPRESENTATION DATED 02/08/2024
VIDE ANNEXURE-E AND ETC.
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NC: 2024:KHC-D:17537
WP No. 105511 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MAE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
Petitioner is working as Accounts Officer and attained
the superannuation on 31.05.2024 while working at
Bagalkote. During his service the petitioner who was
saddled with Departmental Enquiry for the certain
misappropriation of bills and scrutinizing of records.
However, on enquiry being concluded, the petitioner was
exonerated by giving a clean chit. Along with
Departmental Enquiry, respondents instituted criminal
proceedings against the petitioner before the jurisdictional
Magistrate, wherein cognizance was taken and the case
was registered. Charge sheet is filed in C.C.No.26/2017
later it was renumbered as C.C.No.230/2017. During
which period, petitioner was provided 50% provisional
pension and retirement benefits. Petitioner is aggrieved by
the impugned endorsement, whereby his retirement
benefits are withheld with respect to 50% of the
retirement benefits.
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WP No. 105511 of 2024
2. Petitioner relies upon a Judgment of a Division
Bench of this Court in the case of Mallikarjun Savanur vs.
The Karnataka Power Transmission Corporation Ltd.,
Writ Appeal No.100422/2023 dated 16.11.2023, which
dealt with an identical matter on a challenge made before
the coordinate bench of this Court. Admittedly, according
to the petitioner, the Departmental Enquiry has ended in a
clean chit and exoneration of all charges against the
petitioner. Simultaneously, criminal proceedings is pending
before the criminal Court, but that would not per se
restrict or bar the respondent-employer from disbursing
the pensionary retirement benefits, which is due to the
petitioner even if it ends in a conviction. Hence, the
petitioner is before this Court.
3. Learned counsel Sri Shivaraj P. Mudhol
representing respondents contends that in the Department
Enquiry the petitioner was exonerated, however, criminal
prosecution is still pending against the petitioner for
similar offence. However, the fact remains that the
petitioner has retired and 50% provisional pension and
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NC: 2024:KHC-D:17537
WP No. 105511 of 2024
retirement benefits are disbursed. He also fairly agrees
with the Judgment passed in the above mentioned case,
wherein in an identical situation this Court has directed the
respondents to disburse the pensionary benefits and
retirement benefits in accordance to law and the Judgment
so rendered. Therefore, nothing further remains for
consideration in this case, as already the Division Bench of
this Court in Writ Appeal No.100422/2023 has taken a
view in favour of the employee that the retirement
benefits cannot be withheld merely due to the pendency of
the criminal proceedings. Under the circumstances, I pass
the following :
ORDER
(i) Petition is allowed.
(ii) The impugned endorsement bearing
No.KaViPraNi/KCO5/60431/2024-25/24861/
1254, dated 08.07.2024 vide Annexure-F is
hereby quashed.
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NC: 2024:KHC-D:17537
WP No. 105511 of 2024
(iii) In view of 50% of the retirement benefits
having already been disbursed in favour of
the petitioner, the remaining 50% of the
retirement benefits shall be disbursed in
favour of the petitioner, subject to any
deductions in accordance with law in
consonance to the Judgment passed in Writ
Appeal No.100422/2023 within a period of 8
weeks from the date of receipt of copy of
this order.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CKK
CT-MCK
List No.: 1 Sl No.: 6