Writ Petition No. 6306 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19067 WP No. 6306 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6306 OF 2025 (S-RES) BETWEEN: SRI GURUSWAMY S S/O LATE SIDDAVIRAPPA AGED ABOUT 56 YEARS ADVOCATE, R/AT ANANDA SADANA CONVENT HOSPITAL ROAD NEAR FOREST NURSERY SIDDHARATHANAGAR CHAMARAJANAGARA TOWN CHAMARAJANAGAR – 571313 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA (BY SRI. NITISH K N, ADVOCATE FOR SRI. K V NARASIMHAN., ADVOCATE) …PETITIONER AND: 1. STATE OF KARNATAKA DEPARTMENT OF LAW (ADMINISTRATION-2) VIDHANA SOUDHA DR. BR AMBEDKAR VEEDHI BENGALURU 560001 REP. BY ITS UNDER SECRETARY. 2. STATE OF KARNATAKA DEPARTMENT OF LAW VIDHANA SOUDHA - 2 - NC: 2025:KHC:19067 WP No. 6306 of 2025 HC-KAR DR. BR AMBEDKAR VEEDHI BENGALURU – 560001 REP. BY ITS PRINCIPAL SECRETARY. 3. DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA – 571313.
Legal Reasoning
4. SRI. R. ARUN KUMAR S/O LATE A RANGASWAMY ADVOCATE R/A NO.271, YASHA DODDARAYANAPETE GRAMA AND POST OFFICE CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT - 571313 …RESPONDENTS (BY SRI.PRADEEP.C.S, ADDL. ADVOCATE GENERAL A/W SRI.VIKAS RAJIPURA, AGA FOR R1 TO R3: SRI. SRINIVAS V., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED: 28.02.2025 BEARING NO. LAW-LD/242/2024 AT ANNEXURE-D PASSED BY THE R-1 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:19067 WP No. 6306 of 2025 HC-KAR ORAL ORDER 1. In this writ petition, the petitioner has called in question the order dated 28.02.2025 passed by respondent No.1 vide Annexure-D, whereby the respondent No.4 has been appointed as District Government Pleader, District Court, Chamarajanagar District, in place of the petitioner. 2. The case of the petitioner is that he has been appointed as District Government Pleader, District Court, Chamarajanagar District, by order dated 09.01.2025 vide Annexure-B as per the procedure prescribed under Rule 26 of the Karnataka Law Officers (Appointment and Conditions of Service), Rules 1977 (for short ‘the Rules 1977’). Pursuant to the order dated 09.01.2025 vide Annexure-B, he has taken charge on 24.01.2025. Thereafter, by impugned order dated 28.02.2025 passed by respondent No.1 vide Annexure-D, the petitioner has been replaced by respondent No.4 to the said post. Being aggrieved, the petitioner is before this Court. - 4 - NC: 2025:KHC:19067 WP No. 6306 of 2025 HC-KAR 3. The learned counsel appearing for the petitioner submits that the petitioner has been appointed as District Government Pleader, District Court, Chamarajanagar District by order dated 09.01.2025 for a period of 3 years or until further orders vide Annexure-D. Without following the due procedure as prescribed under Rule 26 of the Rules 1977, the petitioner has been replaced by respondent No.4 to the said post, by order dated 28.02.2025 passed by respondent No.1 vide Annexure-D. The appointment of respondent No.4 is contrary to Rule 26 of the Rules 1977. Hence, he sought for allowing the writ petition. 4. The learned Additional Advocate General appearing for the respondents-State has contended that by order dated 09.01.2025, the petitioner has been appointed as District Government Pleader for a period 3 years or until further orders. Once the petitioner has accepted the order, now he cannot turn down and say that he cannot be removed before completion of 3 years and he has been - 5 - NC: 2025:KHC:19067 WP No. 6306 of 2025 HC-KAR removed after following due process of law. Secondly, he has contended that notification had been issued for appointment of District Government Pleader, District Court, Chamarajanagar District. Pursuant to that, the names of the petitioner as well as respondent No.4 was recommended by the competent authority. The name of respondent No.4 has been placed at Sl.No.1 and name of the petitioner finds place at Sl.No.9. However, the petitioner has been appointed as District Government Pleader. Thereafter, the respondent No.4 has submitted a representation that his case is not considered for appointment. After verifying the records, the Government has found that the respondent No.4 is a suitable candidate and therefore, passed the impugned order dated 28.02.2025 vide Annexure-D, whereby the respondent No.4 has been appointed as District Government Pleader in place of the petitioner. The impugned order has been passed after following due procedure of law. Hence, he
Decision
sought for dismissal of the writ petition. - 6 - NC: 2025:KHC:19067 WP No. 6306 of 2025 HC-KAR 5. The learned counsel for the respondent No.4 has adopted the arguments of the learned Additional Advocate General appearing for the State. 6. Heard the learned counsel for the petitioner, learned Additional Advocate General for respondent Nos.1 to 3- State and learned counsel for respondent No.4. Perused the writ papers. 7. The competent authority invited applications for appointment to the post of District Government Pleader, District Court, Chamarajanagar District. Pursuant to that, petitioner as well as respondent No.4 and others filed applications. As per the procedure prescribed under Rule 26 of Rules 1977, the competent authority has recommended 11 names and out of which, the name of respondent No.4 is at Sl.No.1 and the name of petitioner is at Sl.No.9. Based on the recommendations, the Government has appointed the petitioner to the said post of District Government Pleader, District Court, Chamarajanagar District by order dated 09.01.2025 vide - 7 - NC: 2025:KHC:19067 WP No. 6306 of 2025 HC-KAR Annexure-B for a period of 3 years or until further orders. The petitioner has accepted the appointment order and reported for duty on 24.01.2025. Thereafter, respondent No.4 has submitted a representation to the Government to consider his request to the post of District Government Pleader since his name is at Sl.No.1 in the recommendation sent by the competent authority. Accordingly, the Government has reconsidered the appointment to the post of District Government Pleader and since respondent No.4 is at Sl.No.1, the impugned order has been passed vide Annexure-D appointing respondent No.4 in place of the petitioner. 8. The proceedings are initiated for appointment of District Government Pleader after following due procedure as prescribed under Rule 26 of Rules 1977. The competent authority has recommended the names for the appointment. Accordingly, the petitioner has been appointed as District Government Pleader, District Court, Chamarajanagar District by order dated 09.01.2025. Once - 8 - NC: 2025:KHC:19067 WP No. 6306 of 2025 HC-KAR the appointment order has been issued, the proceedings initiated for appointment stands closed. Thereafter, the appointment of the petitioner has not been challenged by the respondent No.4 before the Court. 9. Therefore, it is very clear that the second part of the impugned order in respect of appointment of respondent No.4 is passed based on the earlier proceedings, which is unsustainable. If the Government wants to appoint the District Government Pleader, the Government has to redo the process after following the procedure as prescribed under Rule 26(3) of the Rules 1977 or they can invoke Rule 26(3) of the Rules 1977. Without following the due procedure, the impugned order is passed and the same is contrary to Rule 26 of the Rules 1977. Therefore, the second part of the impugned order is liable to be quashed. 10. The first part of the impugned order in respect of removal of the petitioner is concerned, the same is passed after following due procedure as prescribed under rule - 9 - NC: 2025:KHC:19067 WP No. 6306 of 2025 HC-KAR 5(6) of the Rules 1977 and after giving notice. Therefore, first part of the impugned order is liable to be confirmed. 11. Accordingly, the following order is passed: ORDER a) b) The writ petition is partly allowed. The first part of the impugned order dated 28.02.2025 vide Annexure-D, in respect of removal of the petitioner is concerned, the same is confirmed. c) The second part of the impugned order dated 28.02.2025 vide Annexure-D in respect of appointment of respondent No.4 is concerned, the same is hereby quashed. d) Liberty is reserved to the Government to redo the process for appointment to the post of District Government Pleader, District Court, Chamarajanagar District, after following due procedure as prescribed under the Rules 1977, within 8 weeks from the date of receipt of copy of this order. e) Till the appointment to the post of District Government Pleader, District Court, Chamarajanagar - 10 - NC: 2025:KHC:19067 WP No. 6306 of 2025 HC-KAR District, the service of the petitioner as District Government Pleader shall continue. All pending I.As., if any, are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 37