ORDER :

The petitioner who was initially appointed during the year 1988 with the respondent No.5-Karnataka State Council for Science and Technology (hereinafter referred to as “KSCST”) as Project Manager was deputed to the respondent No.6-Karnataka Renewable Energy Development Limited (for short “KREDL”), at the request of KREDL. On being satisfied with the performance of the petitioner, the KREDL wrote to the State Government seeking permission to permanently absorb the petitioner and to promote him from the post of Technical Officer to Assistant General Manager. The State Government by order dated 16.12.2003 accorded permission to permanently absorb and promote the petitioner as AGM. Consequently, by order dated 30.12.2003, passed by the 4th respondent Managing Director of KREDL, the services of the petitioner was permanently transferred from KSCST to KREDL w.e.f., 31.07.2001.

2. The Board of KREDL in its 42nd Board Meeting, resolved to promote the petitioner from the post of AGM to DGM. Consequently, the petitioner has been serving in the capacity of DGM. However, it appears that in a communication dated 03.01.2011, the Senior Audit Officer, Commercial Audit Wing of Indian Audit and Accounts Department, Office of the Principal Accountant General (C&CA), Karnataka brought to the notice of the Managing Director of KREDL several irregularities in the company, including the absorption and promotion of the petitioner, which was allegedly without following the procedure laid down in that regard.

3. Taking note of the communication dated 03.01.2011, the Board of KREDL, in its 60th meeting discussed and authorized the Managing Director to refer the matter to the Department of Personnel and Administrative Reforms (DPAR), Government of Karnataka to verify and advise, taking note of the applicable Rules and Regulations. The DPAR wrote back to the Managing Director on 06.02.2016 that since the absorption and promotion of the petitioner with retrospective effect is irregular, action in accordance with law may be taken. Consequently, the Board, its 81st meeting, authorized the Managing Director of KREDL to take immediate action to withdraw the absorption and consequent promotions given to the petitioner and to relieve the petitioner from the services of the KREDL and repatriate the petitioner to his parent organization, KSCST.

4. The petitioner had approached this Court in W.P.No.63169/2019. This Court by order dated 28.02.2019, quashed the resolution passed by the Board and directed the Board to reconsider the matter in the light of the observations made therein. The petitioner was permitted to submit a representation within 10 days and the Board was directed to consider such representation and pass orders in accordance with law, within an outer limit of three months.

5. Learned counsel for the petitioner submits that in terms of the directions given by this Court, the petitioner gave a representation dated 25.03.2019 to the respondents. Since no decision was taken, the petitioner once again gave a representation dated 09.06.2019. In the meanwhile, a joint-committee was constituted by the Board in its meeting dated 06.06.2019, consisting of the Secretary to Government, Forest, Environment and Ecology Department and the Managing Director of BESCOM, who were also on the Board of KREDL, to go into the issue. The joint committee submitted its report on 19.08.2019 holding that the deputation, absorption and promotion of the petitioner was not in accordance with law and therefore the order of absorption and promotion was directed to be withdrawn, while repatriating the petitioner to the parent organisation. The Board, in its 92nd meeting, held on 20.08.2019 resolved to accept the report of the joint committee and held that the deputation of the petitioner to KREDL was not in accordance with the rules of the KREDL. Consequently, the absorption and promotion given to the petitioner was directed to be withdrawn and repatriate the petitioner to KSCST.