Smt. Shwetha M P v. Karnataka Power Corporation Limited

((((((((((((HC-KAR, NC:(2026:KHC:41767( WP(No.(24588(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010540872025( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(6 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(ASHOK(S.KINAGI(

WRIT(PETITION(NO.(24588(OF(2025((S-PRO)(

BETWEEN:( (( SMT.,SHWETHA,M.P.,,,

AGED,ABOUT,39,YEARS,,, C/O,VINODH,,, STR/AT,NO.119/A,,1 ,CROSS,,,

BLOCK,,POLICE,COLONY,,, ANAND,RAO,CIRCLE,,, BENGALURU,-,560,009., …PETITIONER, (BY,SRI.,NEERAJ,SASTRY,,ADVOCATE), AND:( ( KARNATAKA,POWER,CORPORATION,LIMITED,, Digitally REPRESENTED,BY,CHIEF,MANAGER,,,signedtiby SHAKTHI,BHAVAN,,NO.82,,,SHILPA BAI0S RACE,COURSE,ROAD,,,Location: BANGALORE,-,560,001.,HIGH0COURT OF …RESPONDENT, KARNATAKA (BY,SRI.KIRAN,KUMAR,V.,,ADVOCATE,FOR,C/R), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASH, THE, IMPUGNED, ORDER, ISSUED, BY, THE, RESPONDENT, DATED,

29.07.2025, BEARING, NO.ANNX-A, AND, CONSEQUENTLY, CONFIRM,THE,PROMOTION,OF,THE,PETITIONER,AND,ETC.,, , THIS,PETITION,,COMING,ON,FOR,PRELIMINARY,HEARING, IN, 'B', GROUP,, THIS, DAY,, ORDER, WAS, MADE, THEREIN, AS, UNDER:,

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

Petitioner filed this writ petition seeking following relief: "A. Issue a writ of certiorari and/or such or other writ or order to quash the impugned order issued by the respondent dated 29.07.2025 bearing No.A1P1D-D1[E]/1336 [Annexure-A] and consequently confirm the promotion of the petitioner."

¶2The petitioner joined Karnataka Power Corporation Limited (for short 'KPCL') as a Junior Engineer (Electrical) on

26.07.2010 and subsequently, promoted to the post of Assistant Engineer (Electrical) in the year 2012. After over 15 years of unblemished service and fulfilling the eligibility criteria under C & R Rules, including over 5 years in a project area, she was promoted to the Assistant Executive Engineer (Electrical) on 17.07.2025 and reported to the duty on 19.07.2025. The respondent issued an impugned order dated 29.07.2025 for reversing petitioner's promotion. The impugned order passed by the respondent is in violation of principles of natural justice. Hence, on this ground, prays to allow the writ petition.

¶3Respondent filed statement of objections contending that the petitioner has not completed more than 5 years of experience as an Assistant Engineer (Electrical) in the project area alone as on 17.07.2025. Hence, the petitioner was not eligible for promotion. Accordingly, the respondent has withdrawn the promotion. Hence, the action of the respondent in passing a impugned order is in accordance with law and prays to dismiss the writ petition.

¶4Heard the learned counsel for the petitioner and learned counsel for the respondent.

¶5Learned counsel for the petitioner submits that the petitioner was promoted vide order dated 17.07.2025. The respondent without issuing any notice, holding any enquiry has passed an impugned order dated 29.07.2025 reversing the promotion of the petitioner. Thus, the impugned order passed by the respondent is in violation of principles of natural justice. Hence, on these grounds, he prays to allow the writ petition.

¶6Per contra, the learned counsel for respondent submitted that the petitioner was not eligible for the promotion

as the petitioner has not completed more than 5 years as an Assistant Engineer (Electrical) in the project area alone as on

17.07.2025. The respondent considering Annexures-'H' and 'J' has passed an impugned order. The impugned order passed by the respondent is in accordance with law. Hence, on this ground, he prays to dismiss the writ petition.

¶7Perused the records and considered the submissions of the learned counsel for the parties.

¶8It is an undisputed fact that the petitioner joined KPCL as a Junior Engineer (Electrical) on 26.07.2010 and subsequently, he was promoted to the post of Assistant Engineer (Electrical) in 2012. The petitioner was promoted to Assistant Executive Engineer (Electrical) on 17.07.2025 and the petitioner reported to the duty on 19.07.2025. The respondent issued an impugned order dated 29.07.2025 reversing the promotion of the petitioner. From the perusal of the impugned order, the respondents without affording a personal hearing to the petitioner has passed and also failed to appreciate the promotion could not have been reversed, especially when the petitioner met all the requisite criteria for promoting in terms of

C and R Rules. The impugned order passed by the respondent is in violation of principles of natural justice. Hence, on this ground alone, the impugned order is liable to be quashed.

¶9In view of the above discussion, the following order is passed: ORDER

(i) Writ petition is allowed.

(ii) The impugned order dated 29.07.2025 passed by the respondent (Annexure-A) is hereby quashed.

(iii) Liberty is reserved to the respondent to pass an appropriate order after providing an opportunity of personal hearing to the petitioner and thereafter, pass appropriate order in accordance with law, if so desired.

Sd/- (ASHOK S.KINAGI) JUDGE

PSJ List No.: 1 Sl No.: 34