IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 27623 OF 2025 (S-CAT)

BETWEEN:

SRI.PRASHANTH KUMAR G S/O GANGARAJAPPA D., AGED ABOUT 44 YEARS, WORKING AS ASSISTANT, OFFICE OF THE ESIC, SRO MANGALORE (LEGAL BRANCH), 1^ST FLOOR, CITY POINT BUILIDNG, NEAR NAVABHARATH CIRCLE, Digitally signed MANGALORE-575 003.

by MADHUSHREE …PETITIONER H (BY SRI. RANGANTHA S JOIS.,ADVOCATE)

Location: High Court of Karnataka AND: 1. THE UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTHI BHAVAN, RAFI MARG, NEW DELHI-110 001.

2. THE INSURANCE COMMISSIONER OFFICE OF THE INSURANCE COMMISSIONER (SOUTH ZONE)

ESIC CORPORATION, 6^TH FLOOR, NO.10, BINNEFIELD, BINNEPETE, BENGALURU-560 0023.

3. THE ADDITIONAL COMMISSIONER AND REGIONAL DIRECTOR, ESIC CORPORATION REGIONAL OFFICE, KARNATAKA NO.10, BINNEFIELD, BINNEPETE, BENGALURU-560 023.

4. THE JOINT DIRECTOR, REGIONAL DIRECTOR, ESI CORPORATION.

1^ST FLOOR, CITY POINT BUILDING, NEAR NAVABHARATH CIRCLE, MANGALORE-575 003.

…RESPONDENTS (BY SMT. SHUBHA S., CGC FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SAID THE ORDER OF THE TRIBUNAL AS ERRONEOUS AND WITHOUT APPLICATION OF MIND AND CONTRARY TO EMPLOYEE STATE INSURANCE CORPORATION (STAFF AND CONDITION OF SERVICE) REGULATIONS OF 2023 AND ALLOW THE APPLICATION BEFORE CAT IN OA NO.170/000113/2025 AND TO GRANT THE RELIEF SOUGHT THEREINB) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RESTRAIN FROM CONTINUING THE PROCEEDINGS ON THE BASIS OF THE IMPUGNED ORDER AND THE ARTICLES OF CHARGES UNLESS THE ARTICLES OF CHARGES ARE ISSUED AS PER THE NEW REGULATIONS NAMELY THE EMPLOYEE STATE INSURANCE CORPORATION(STAFF AND CONDITION OF SERVICE) REGULATIONS OF 2023 STRICTLY IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER

(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

The petitioner is aggrieved by the orders of the Central Administrative Tribunal [for short, 'the Tribunal'] in O.A. No.170/000113/2025, and the Tribunal's order reads as under:

'7. At this juncture, considering the totality of circumstances of the case, we are of the considered view that the interest of justice would be sub-served in directing the Appellate Authority - Respondent No.2 to dispose of the appeal preferred by the applicant dated 19.02.2025 [Annexure-A11] in accordance with law by passing a reasoned and speaking order in an expedite manner in any event not later than eight weeks from the date of receipt of certified copy of this order. Till such, time, the order of the Disciplinary Authority dated 13.02.2025 [Annexure-A10] shall not be implemented. Ordered accordingly'.

Sri Ranganatha S Jois, the learned counsel for the petitioner, and Smt Shubha S, the learned Central Government Counsel who is on record for first respondent, are heard for final disposal with Sri Ranganath S Jois submitting that the appellate authority, during the pendency of this petition, has disposed of the appeal against the petitioner by order dated 29.08.2025 [communicated to the petitioner on 02.09.2025] and that the present petition may be disposed of leaving open all questions to be considered in the application that the petitioner may file with the Tribunal as against the appellate authority's order.

This Court is of the view that if the Tribunal has called upon the appellate authority to decide on the petitioner's grievance with the outcome of the enquiry leaving open all questions and that the appellate authority has decided against the petitioner, the petitioner must be at liberty to raise all such grounds in the application that he may file against the appellate authority's order. While so observing, the petition stands dispos