N K NANJARAJAIAH Vs. KARNATAKA ELECTRICITY BOARD

JUDGEMENT

(1.) WRIT Appeal No. 4258-59 of 1999 are directed against the common order of the learned single Judge dated 17-2-1999 in writ petition No. 39752 of 1995 and 39753 of 1995. The appellants herein are the petitioners in those writ petitions. When the Karnataka Electricity Board (for short the "board"), on the ground that the writ petitioners therein, despite having their own houses near the place where they were officiating did not vacate the official quarters and move to their own residential houses sought to recover the penal rent in terms of the Regulations framed by the Board u/s. 79 (c) of the Karnataka Electricity supply Act (for short the "supply Act" ). At that stage, the appellants filed writ petition in this court assailing the validity of the Notification dated 24-4-1989 produced at Annexure-B amending the rules called "karnataka Electricity Board Accounts Manual Volume-I (Amendment) Regulations 1988" and for consequential reliefs. A learned single Judge who heard the matter has upheld the validity of the rule and consequently, dismissed the writ petitions. Hence, the aggrieved writ petitioners have preferred writ appeal No. 4258-59 of 1999.

(2.) WRIT appeal No. 7332 of 2000 filed by the Board is directed against the order of another learned single Judge dated 23-11-1999 in writ petition No. 4598 of 1998 (2000 (5) Kant LJ 504 ). The respondent in this writ appeal preferred the above writ petition praying for the following reliefs :-

(3.) LEARNED single Judge, in W. P. No. 4598 of 1998, having examined the validity of the impugned Regulations come to the conclusion that the impugned Regulations are in fact made by the Internal Management Committee (Administration) hereinafter referred to as (IMC (Admn.), for short) and not by the Board and consequently, quashed the Regulations as not valid and issued consequential direction to the Board to refund the amount of penal rent deducted out of the salary of the writ petitioner therein within two weeks from the date of receipt of the said order. Feeling aggrieved by the said order of the learned single Judge, the Board has come up with the writ appeal No. 7332 of 2000.