Disciplinary proceedings conducted against an employee of a statutory corporation under the Karnataka Civil Services (CCA) Rules, 1957 are invalid if the corporation has not formally amended its own governing CCA Rules (1991) to adopt the same; mere board recommendations are insufficient to confer legal application.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

“(i) Call for records from the Respondents;

(i)(a) To declare the entire departmental enquiry proceedings held against the petitioner under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, as invalid;

(ii) Issue Writ of Certiorari to quash the punishment imposed to the petitioner vide order No.¸ÀASÉå/CAC¤/¹-D/²¸ÀÄÛ/E- 189023/2025-26/6128, dated 19.12.2025 signed digitally on 22.12.2025, by the second respondent vide Annexure-J to the writ petition;

(iii) Direct the second respondent to reinstate the petitioner into service in the post held by him with all consequential benefits including the promotion to the post of First Division Assistant;

(iv) Grant such other/further reliefs as this Hon’ble Courts deems fit as to the facts and circumstances of the case in the interest of justice and equity.”

2. Heard learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner invited my attention to the order of the Co-ordinate Bench of this Court in the case of Sri. T. Ramakrishna Vs. The State of Karnataka and another – W.P.No.56021/2016 dated 19.10.2020 and the same was confirmed by the Hon’ble Division Bench in the Writ Appeal preferred by respondent No.2 i.e., The Managing Director and Disciplinary Authority Vs. Sri. T. Ramakrishna - W.A.No.92/2021 dated 06.03.2021, in order to contend that the present petition deserves to be allowed and disposed of in terms of the aforesaid decisions.

4. Per contra, learned AGA for respondent No.1 as well as learned counsel for respondent No.2 submits that there is no merit in the petition and that the same is liable to be dismissed.

5. As rightly contended by the learned counsel for the petitioner, the present petition is directly and squarely covered by the decision of a Co-ordinate Bench of this Court in the case of Ramakrishna Vs. The State of Karnataka and another – W.P.No.56021/2016 dated 19.10.2020, which reads as under:

“In the instant petition, petitioner has sought for the following reliefs:-

a) Issue a writ of certiorari or any other writ quashing the order dated 22.10.2016 in No. AM.ANI/CAA/LOTRYA/2009-10/2016-17/11596/24/10/2016/22/10/16 passed by the 2nd respondent produced at ANNEXURE-J

b) Grant such other order or direction as deems fit to grant in the facts and circumstances of the case.

2. Petitioner was in the cadre of Recovery Officer and he was on deputation to SC/ST Development Corporation. While he was on deputation one Sri.V.Ramanjaneyalu gave complaint that petitioner and one Sri.V.Mahalingaiah are demanding a sum of Rs.8,000/- and Rs.2,000/- respectively to do favour to the complainant. Thus, trap proceedings were laid by the Lokayukta Police and proceeded to initiate parallel proceedings.

3. When the enquiry was initiated petitioner was in the cadre of Recovery officer and at the time of imposing penalty he was incharge of the post of Assistant General Manager with the second respondent-Dr.B.R.Ambedkar Development Corporation. While the petitioner was in service he was involved in parallel proceedings arising out of a trap proceedings by the Lokayukta Police. Arising out of the aforesaid allegation, disciplinary proceedings