HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.1339 OF 2024 (S-RES)

C/W CIVIL CONTEMPT PETITION NO. 1314 OF 2024 IN WA No. 1339/2024 BETWEEN:

1. MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL)

KAVERI BHAVAN, BENGALURU - 560 009.

Digitally signed by CHANNEGO WDA 2. THE GENERAL MANAGER/DIRECTOR PREMA Location: High (ADMINISTRATION AND HUMAN RESOURCES)

Court of Karnataka KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KAVERI BHAVAN, BENGALURU - 560 009.

3. THE EXECUTIVE ENGINEER (ELEC)

T, L AND SS DIVISION KPTCL, SOMANAHALLI, BENGALURU - 560 115.

HC-KAR

4. THE ASSISTANT EXECUTIVE ENGINEER KPTCL, 66/11KV, MUSS ADUGODI, BENGALURU - 5600 030.

…APPELLANTS (BY SRI. SHIRISH KRISHNA., ADVOCATE)

AND:

1. SRI M. MANOHARA S/O LATE MUNISWAMAPPA AGED ABOUT 60 YEARS RETIRED JUNIOR ENGINEER ELECTRICAL O/O THE ASSISTANT EXECUTIVE ENGINEER KPTCL, 66/11KV, MUSS ADUGODI, BENGALURU - 5600 030 RESIDING AT B-302 SAI GURU ENCLAVE BADRAPPA LAYOUT, BENGALURU - 560 094.

2. THE CHIEF GENERAL MANAGER (F AND C)

BENGALURU ELECTRICITY SUPPLY COMPANY LTD.

CORPORATE OFFICE KR CIRCLE BENGALURU - 560 001.

…RESPONDENTS (BY SRI. N.DEVARAJ, ADV. FOR C/R1)

HC-KAR THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE INSTANT WRIT PETITION AND THEREBY SET ASIDE THE IMPUGNED ORDER DATED APRIL 25, 2014 RENDERED BY THE Ld. SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.NO.27587/2023, AND CONSEQUENTLY UPHOLD THE ORDER DATED APRIL, 17, 2023 AS PRAYED FOR.

IN CCC NO. 1314/2024 BETWEEN:

SRI. M. MANOHARA S/O LATE MUNISWAMAPPA, AGED ABOUT 61 YEARS, RETIRED JUNIOR ENGINEER (ELEC.)

O/O THE ASSISTANT EXECUTIVE ENGINEER (ELEC.)

KPTCL, 66/11KV, MUSS, ADUGODI, BANGALORE 560030. RESIDING AT B-302, SAI GURU ENCLAVE, BADRAPPA LAYOUT, BANGALORE 560 094.

...COMPLAINANT (BY SRI. DEVARAJ N., ADVOCATE)

HC-KAR AND:

SRI. MALATESH B. TALWAR THE EXECUTIVE ENGINEER (ELEC.)

T, L AND SS DIVISION, KPTCL, SOMANAHALLI, BANGALORE 560 115.

...ACCUSED (BY SRI. SHIRISH KRISHNA., ADVOCATE)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE SEVERE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DELIBERATELY, INTENTIONALLY AND WILLFULLY DIS-OBEYED TO CARRY OUT THE DIRECTIONS CONTAINED IN THE COURT ORDER DATED 25.04.2024 MADE IN W.P.NO.27587/2023(S-RES) MARKED AT ANNEXURE-G.

THESE WRIT APPEAL AND CCC 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 HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is filed under Section 4 of the Karnataka High Court Act, 1961 praying to set aside the impugned order dated 25.04.2024 passed by the learned Single Judge in W.P.No.27587/2023 and consequently, uphold the endorsement dated 17.04.2023.

2. Heard the learned counsel appearing for the appellants.

3. Learned counsel appearing for the appellants submits that the grant of increment to the respondent was a mistake and that the said mistake has been rectified by the order impugned in the writ petition. It is further submitted that even in case the recovery is held to be unwarranted, in the light of State of Punjab and Others v. Rafiq Masih (White Washer), AIR 2015 SC 696, the direction to pay HC-KAR interest at the rate of 6% from the date of recovery till realization is not called for in a case of this nature.

4. Having considered the contentions advanced, we notice that the learned Single Judge has considered the facts of the case and has clearly found that the case falls squarely within the category of cases referred to by the Apex Court in the case of State of Punjab and Others v. Rafiq Masih (White Washer). It is clear that in the instant case, the wrongful grant of increment alleged by the appellants was made in the year 2010 and the recovery is made in t