Writ Petition No. 12513 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18095 WP No. 12513 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 12513 OF 2025 (S-DE) BETWEEN: SRI. SATHISH G K S/O KUBERA NAIK G., AGED ABOUT 40 YEARS, PHYSICAL EDUCATION TEACHER, MORARJI DESAI RESIDENTIAL SCHOOL, BC-94, DEVARA BELEKERE, HARIHARA TALUK, DAVANAGERE DISTRICT, R/AT NO.128, MADILU NIVASA, MAX ARUNODAYA LAYOUT, MALLIGENAHALLI, SAGARA ROAD, SHIVAMOGGA-577201 (BY SRI. G.J.SUNKAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT, M.S. BUILDING, BENGALURU-560001. REP. BY ITS SECRETARY, 2. THE COMMISSIONER, SOCIAL WELFARE DEPARTMENT, M.S. BUILDING, BENGALURU-560001. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA …PETITIONER 3. THE EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, (AN ORGANIZATION OF STATE OF KARNATAKA) NO.8, SMB 1, 6 AND 7TH FLOOR, CUNNINGHAM ROAD, BENGLURU-560052. …RESPONDENTS - 2 - NC: 2025:KHC:18095 WP No. 12513 of 2025
Legal Reasoning
(BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI. SIDHARTH BABURAO, ADVOCATE FOR RESPONDENT NO.3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF SUSPENSION BEARING NO.KREIS/ENQR/DISP/115/2025- ADMN/E-140272 DATED 11.04.2025 AT ANNEXURE-P PASSED BY THE 3RD RESPONDENT AS ILLEGAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an order of his suspension bearing No.KREIS/ENQR/DISP/115/2025-ADMN/E-140272 dated 11.04.2025 passed by the respondent No.3. 2. (i) The petitioner contends that he was appointed as a Physical Education teacher at Morarji Desai Residential School. The Deputy Director of Social Welfare Department visited the hostel of Morarji Desai Residential School and he found that Sri. Venkatesh B.T., Kannada teacher was recording a video of students washing the car and uploaded it on Whatsapp. The Principal of the Morarji Desai School and President of Panchayat and other representatives though - 3 - NC: 2025:KHC:18095 WP No. 12513 of 2025 appreciated the move of Sri. B.T. Venkatesh for bringing the activities in the hostel to the notice of the general public felt that the reputation of the hostel was shown in poor light. The department therefore, felt that its image was brought down in the eyes of the general public and therefore initiated action against Sri. B.T.Venkatesh under Rule 10 of Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957. (ii) The petitioner contends that he was served with a notice to show cause about the shortage of rice and wheat stock in the hostel. He claimed that he had replied to the notice on 13.07.2024 and stated that he would make good the shortage. He contends that in view of his transfer to Morarji Desai Residential School, BC-94, he submitted a letter dated 03.07.2024 to the Principal of the School at Koluru that he would make good the deficit rice and wheat stock after reporting at the place of transfer. Thereafter on 06.07.2024, the Principal of the School at Koluru issued a memo that on verification of stock in the presence of Mr.Anil Joshi and Mrs.Akshata there was a deficit of rice and wheat stock and therefore, the petitioner was called upon to submit his explanation. The petitioner then addressed a letter dated - 4 - NC: 2025:KHC:18095 WP No. 12513 of 2025 10.07.2024 to the Principal of Morarji Desai Residential school stating that he was the in-charge hostel warden in June and as per the order dated 28.04.2024 he had handed over the charge of the hostel. (iii) He claimed that when he was on leave, there was a deficit in the stock of rice and wheat in the hostel. Therefore, he requested for verification of stock in his presence and agreed that if there is any deficit, he would make good the same. Consequent thereto, the Principal of Morarji Desai Residential School at Koluru forwarded a note to Mr.Anil Joshi instructing him to verify the stock in the presence of petitioner and to submit a report. Following this, a notice was issued to the petitioner on 02.08.2024 that Mr. Anil Joshi had verified the stock and submitted a report and it was found that there was difference in the stock. It was further stated that the petitioner had claimed before Mr. Anil Joshi that if there is any shortage in the stock, he would ensure that the same is restored in August and September, 2024. (iv) The petitioner contends that on enquiry with Mudigere Taluk, TAPCMS, it was reported that entire stock was - 5 - NC: 2025:KHC:18095 WP No. 12513 of 2025 lifted from TAPCMS. The petitioner contends that a complaint was lodged before the Police Inspector, Karnataka Lokayuktha, Chickmagalur on 14.11.2024 who had issued a notice to him to appear before the former on 09.12.2024 to enquire into the allegation of misuse of rice and wheat stock of Morarji Desai Residential school. This was followed by further notices issued by the Police Inspector. In response, he submitted his explanation stating that he had handed over charge to Mr.Anil Joshi and Mrs.Akshata and that while he was working as the in- charge of hostel warden, Mr. B.T.Venkatesh, who was the Principal of both the hostels was acting inimically against him and had set up the said Mr. Anil Joshi and Mrs.Akshata to allege that it was the petitioner who was responsible for the shortage of wheat and rice. Thereafter on 05.04.2025 the respondent No.3 issued a notice to the petitioner stating that while he was working as a Physical Education Teacher in- charge of the hostel warden of Morarji Desai Residential School, Kolur and Indira Gandhi Residential School, Balur and after his transfer and handing over charge on 10.07.2024, it was found that there was a deficit of 18 quintals of rice and 85 quintals of wheat and therefore called upon the petitioner to submit his - 6 - NC: 2025:KHC:18095 WP No. 12513 of 2025 explanation. The petitioner claim that before he could submit his explanation, he was suspended on 31.01.2019. The petitioner is therefore before this Court challenging the said order. 3. The learned counsel for the petitioner submits that in the show-cause notice, the petitioner was granted only 24 hours time to submit his reply. He contends that the respondents have not considered the fact of the petitioner handing over charge and that there was no deficit in the stock of rice and wheat, when he had handed over charge. Therefore, he contends that the impugned order of suspension is without basis but is at the instance of Sri. B.T. Venkatesh. 4. The learned counsel for the respondent No.3 on the other hand contended that a show cause notice was issued to the petitioner to explain regarding deficit stock of rice and wheat in the hostel. The petitioner did not reply to the show cause notice. He contends that as a matter of fact, the petitioner had himself claimed that due to constraints of space in the hostel, the entire stock of rice and wheat was not lifted and part of the stock was lying in TAPCMS. He contends that a - 7 - NC: 2025:KHC:18095 WP No. 12513 of 2025 notice was issued to the Manager of TAPCMS to ascertain this fact and that TAPCMS by their letter dated 18.07.2024 had confirmed that there was no stock of rice or wheat of the hostel lying with them. He therefore, contends that the petitioner was the one who was responsible for loss of rice and wheat in the school. He thus, contends that the petitioner cannot assail the order of suspension on the ground that someone else was responsible for shortage of stock of rice and wheat. 5. Learned Additional Government Advocate for respondent Nos.1 and 2 supports the contention of learned counsel for respondent No.3. 6. I have considered the submissions of the learned counsel for the petitioner as well as the learned Additional Government Advocate for respondent Nos.1 and 2 and the learned counsel for the respondent No.3. 7. The petitioner was the in-charge of the hostel and it was during his tenure, that there was shortage of rice and wheat at the hostel. It appears that a notice was issued to the petitioner to show cause as to why action should not be initiated against him. The petitioner did not respond to this - 8 - NC: 2025:KHC:18095 WP No. 12513 of 2025 notice. The respondents were therefore constrained to place the petitioner under suspension, more particularly, when a physical verification of the stock was done in the presence of the petitioner, it was found that there was shortage of stock. The attempt made by the petitioner to mislead the authorities of the school that stock was lying in the TAPCMS godown is also found to be false as per the letters placed before this Court by the learned counsel for the respondents. 8. In that view of the matter, the writ petition is dismissed and the suspension of the petitioner was justified and the petitioner cannot assail the same on the ground that he was innocent of the allegations. 9. In view of dismissal of main appeal, pending interlocutory applications, if any, do not survive for
Decision
consideration and the same stand disposed off. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 20