HIGH COURT OF KARNATAKA
S.G.PANDIT
SRI R V PUTTAPPA – Appellant
Versus
THE CHIEF ENGINEER ELECTRICITY – Respondent
WP/33949/2014
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION NO.33949 OF 2014 (S-RES)
BETWEEN:
SRI. R V PUTTAPPA
S/O SRI LATE VENKATESH
AGED ABOUT 48 YEARS
ASSISTANT EXECUTIVE ENGINEER(CIVIL)
BMAZ, KPTCL
BANGALORE-560 009
….PETITIONER
(BY SRI.VIJAYAKUMAR.Y.H., ADVOCATE (ABSENT))
AND:
1.
THE CHIEF ENGINEER ELECTRICITY
TECHNICAL AUDIT & QUALITY CONTROL
ROOM NO. 410, 4TH FLOOR
KAVERI BHAVAN
BANGALORE-560 009.
2.
THE SUPERINTENDING ENGINEER (ELECTRICAL)
TLSS CIRCLE, BMAZ (SOUTH)
KPTCL, A. R.CIRCLE
BANGALORE-560 009.
….RESPONDENTS
(BY SMT.HARSHITHA RATHOD, ADVOCATE FOR
SRI.HARIKRISHNA.S.HOLLA, ADVOCATE )
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO DISPOSE OFF THE
REPRESENTATION, DTD.10.6.2014 AT ANNEX-C MADE BY
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THIS PETITIONER; DIRECT THE R-1 TO ENQUIRE INTO
THE ACTS OF MISFEASANCE AND OR MALFEASANCE
DURING THE PERIOD COMMENCING FROM THE YEAR
2003.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP,THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner is before this Court under Article
226 of the Constitution of India praying for a writ of
mandamus directing the respondents to consider the
representation dated 10.06.2014 (Annexure-C) and
enquire into the acts of misfeasance/malfeasance
during the period commencing from the year 2003.
2.
There
is
no
representation
for
the
petitioner. Learned counsel for the 1st respondent is
present through video conference. Perused the writ
petition papers.
3.
The writ petition averments would indicate
that the petitioner is working as Assistant Executive
Engineer
in
the
Karnataka
Power
Transmission
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Corporation Ltd., (for short 'KPTCL'). It is the case of
the petitioner that certain allegations was made
against the petitioner and in that regard under
Annexure-A/Letter
dated
27.05.2014,
the
Chief
Engineer (Electricity) had sought certain information
from the Chief Engineer (Electricity), Transmission
Zone. Thereafter, the petitioner is said to have made
representation at Annexure-C stating that he is
carrying on his duties in accordance with law and
regulations of the Corporation and he requested for
enquiry
from
the
year
2003
to
expose
the
irregularities in the department. As the representation
is not considered the petitioner is before this Court.
4.
For issuance of a writ of mandamus one
has to establish his legal right and corresponding
failure to perform legal duty on the part of the
respondents/Authorities. In the instant case, the
petitioner has not pointed out his legal right being an
employee of KPTCL to seek general enquiry to expose
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the irregularities. Moreover, no individual prayer is
sought by the petitioner. Without seeking any
individual prayer, the petitioner cannot seek for a
general direction as sought in the writ petition. Hence,
writ petition stands rejected.
Sd/-
JUDGE
RKA