IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24^TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108067 OF 2025 (S-R)

BETWEEN:

ANTHONY K., AGE: MAJOR, OCC: RETIRED ELECTRICAL ENGINEER, R/O. C/O. ANUP XEROX, RAVINDRANAGAR, SIDDAPUR, DIST: UTTARAKANNADA – 581 355.

…PETITIONER (BY SRI. S. B. MALLIGAWAD, ADVOCATE)

AND:

1. THE MANAGING DIRECTOR, VISHAL HESCOM, P.B. ROAD NINGAPPA PATTIHAL NAVANAGAR, HUBBALLI-580 020.

Digitally signed by VISHAL NINGAPPA P Lo A c T a T t I i H on A : L High Court of Karnataka Dharwad Bench Date: 2025.12.02 11:53:20 +0530

2. THE GENERAL MANAGER (HR-D)

P.B. ROAD, NAVANAGAR, HUBBALLI – 580 020.

3. THE EXECUTIVE ENGINEER, O&M DIVISION OFFICE HESCOM, SIRSI, UTTARA KANNDA DISTRICT – 581 401.

4. THE MANAGING DIRECTOR, THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REPRESENTED BY KAVERI BHAVAN, BENGALURU – 560 009.

5. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REPRESENTED BY THE DIRECTOR, HUMAN RESOURCE, KAVERI BHAVAN BENGALURU – 560 009.

…RESPONDENTS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 20.08.2025 BEARING NO. PRAVYA(A)ULENI(A) LE(PI)SALE(PI)/SA-PI/KA-

47/2025-26 VIDE ANNEXURE-D AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following prayer:

A. Issue a writ in the nature of certiorari quashing the impugned endorsement dated 20.08.2025 bearing No.PraVya(A)Uleni(A) Le(Pi)SaLe (Pi)/Sa-Pi/Ka-

47/2025-26 vide Annexure-D.

B. Grant any other relief which this Hon’ble court may deems fit in the interests of justice and equity.

2. Heard the learned counsel Sri. S.B. Malligawad appearing for the petitioner and the learned counsel Sri. Shivaraj P. Mudhol appearing for the respondents.

3. The learned counsel for the petitioner submits that issue in the lis stands answered by the Co-ordinate Division Bench of this Court in Writ Appeal No.100422/2023 disposed on

16.11.2023 wherein the Division Bench has held as follows:

3. The petitioner had retired from service on 31.05.2022 upon attaining the age of superannuation. While he was in service, on 9.4.2018, FIR came to be registered by the ACB police against the petitioner under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short, ‘PC Act’) on the basis of a complaint at the instance of a complainant (third party) and not on a complaint by the employer. It is further made out from the facts that the petitioner was suspended and subsequently, however, was reinstated.

4. The petitioner, after attaining the age of superannuation, had sought for payment of pension to which, an endorsement came to be passed on 28.06.2022, wherein the respondent/Corporation, who is the employer, sanctioned only 50% of his pension in the nature of provisional pension in terms of Regulation 172(1) of Karnataka Electricity Board Employees’ Service Regulations, 1996 (for short, ‘Regulations, 1996’) w.e.f. 1.6.2022 in light of criminal proceedings initiated against the petitioner.

5. It is made out from the facts that subsequently charge sheet was filed by the ACB on 6.8.2022 and cognizance was taken by the Special Court in Special A.C.B. in C.C. No.6/2022 as regards the offences under Section 13(1)(e) read with Section 13(2) of the PC Act. The endorsement sanctioning only 50% of the pension came to be challenged before the learned Single Judge, who by a detailed consideration, has upheld the contention of the petitioner and quashed the endorsement while directing the respondent/Corporation to release the pension in favour of the petitioner in its entirety.

6. The learned Single Judge had specifically observed that the petitioner had not caused any pecuniary loss taking note o