Karnataka High Court
WA/1528/2025 of SHRI S GUNASEELAN Vs THE MANAGEMENT OF RESERVE BANK OF INDIA on 6 July 2026
NC: 2026:KHC:33588-DB WA No. 1528 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1528 OF 2025 (L-TER) BETWEEN: SHRI. S GUNASEELAN, S/O LATE A.M.D. SAMUEL,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 1528 OF 2025 (L-TER)
BETWEEN:
SHRI. S GUNASEELAN,
S/O LATE A.M.D. SAMUEL,
AGED ABOUT 85 YEARS,
R/AT NO 3155/A,
11TH MAIN, HAL 2ND STAGE,
BENGALURU - 560 008.
…APPELLANT
(BY SRI. HARISH N.R., ADVOCATE)
AND:
THE MANAGEMENT OF
RESERVE BANK OF INDIA,
REPRESENTED BY ITS
REGIONAL DIRECTOR,
FOR KARNATAKA AND
CHIEF GENERAL MANAGER,
NRUPUTHUNGA ROAD,
BENGALURU - 560 001.
…RESPONDENT
Digitally
signed by
REKHA R
Location:
High Court of
Karnataka
HC-KAR
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE
FINAL ORDER PASSED BY THE LEARNED SINGLE JUDGE, IN WP
No. 12972 OF 2012 (L-RES) DATED:17.06.2025 AND FURTHER
BE PLEASED TO ALLOW THE WRIT PETITION FILED BY THE
APPELLANT BY ALLOWING THIS APPEAL IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ appeal has been filed impugning the judgment and order dated 17.06.2026 passed by the writ Court in WP.No.12972/2012 filed by the appellant against the award dated 03.04.2007, passed by the Central Government Industrial Tribunal cum Labour Court, Bangalore, in proceedings bearing CR.77/2000 and 11/2005.
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2. The writ petition was filed after delay of more than 5 years against an order which was passed on 03.04.2007 by the CGIT. The petitioner who was working as Grade-II clerk in the Reserve Bank of India, Bangalore remained unauthorizedly absent from 17.12.1987 to 16.08.1988 for almost 8 months.
3. Petitioner was proceeded with the disciplinary proceedings. He had participated in the enquiry and the Enquiry Officer had submitted the enquiry report finding the charge proved. After issuing him the second show cause notice, the petitioner was dismissed from service by the Disciplinary Authority. However, the appellate authority modified the order passed by the Disciplinary Authority and directed to treat the petitioner/appellant absence from 17.12.1987 to 16.08.1988 as leave without pay while confirming the order of dismissal. The petitioner challenged the orders passed by the Disciplinary Authority and Appellate Authority in WP.954/1990, which was dismissed and WA.No.1813/1990 also came to be
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dismissed. The Supreme Court dismissed the SLP No.17259/1990. After dismissal of the SLP, the petitioner raised the industrial dispute, in which the CGIT passed the award dated 03.04.2007 dismissing the reference.
4. Neither the CGIT nor the writ Court has found any substance in the explanation for remaining unauthorised absent from duty for more than 71/2 months. We find no reason to interfere with the well considered judgment passed by the learned Single Judge particularly when the petitioner raised the industrial dispute after substantial delay and approached this Court with delay of more than 5 years. We therefore, find no substance in this appeal and the same is dismissed.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 1 ct-vn