Writ Petition No. 27607 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:18870 WP No. 27607 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27607 OF 2023 (S-DIS) BETWEEN: R. NARENDRA BABU S/O LATE T RAMU AGED ABOUT 40 YEARS DATA ENTRY OPERATOR GRAMA PANCHAYATH OFFICE V V PURA VILLAGE, HIRIYUR TALUK CHITRADURGA DISTRICT 577598 R/AT JANATHA COLONY V V PURA VILLAGE, HIRIYUR TALUK CHITRADURGA DISTRICT 577598. (BY SRI. BASAVARAJA PATEL G K., ADVOCATE) …PETITIONER AND: Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M S BUIDING, BENGALURU 560001. 2. THE CHIEF EXECUTIVE OFFICER CHITRADURGA ZILLA PANCHAYATH CHITRADURGA DISTRICT CHITRADURGA 577501. 3. THE EXECUTIVE OFFICER HIRIYUR TALUK PANCHAYATH HIRIYUR, CHITRADURGA DISTRICT 577598. - 2 - NC: 2025:KHC:18870 WP No. 27607 of 2023 HC-KAR 4. THE PANCHAYATH DEVELOPMENT OFFICER VANIVILASAPURA VILLAGE PANCHAYATH VANIVILASAPURA VILLAGE, HIRIYUR TALUK CHITRADURGA DISTRICT 577598. …RESPONDENTS
Legal Reasoning
Division Bench of this Court in W.A.No.543/2023 disposed of on 11.01.2024. Therefore, he sought for allowing the writ petition. 4. Per contra, the learned counsel appearing for respondent Nos. 2 and 3 and the learned AGA appearing for the State have raised the following contentions: (i) Firstly, the impugned order is passed on 01.02.2022 and the writ petition is filed on 25.11.2023, after a lapse of one year ten months. There is a delay in approaching this Court. On the ground of delay, this writ petition has to be dismissed. (ii) Secondly, being aggrieved by the impugned order – Annexure-F, the petitioner has an alternative remedy of - 5 - NC: 2025:KHC:18870 WP No. 27607 of 2023 HC-KAR appeal under Section 113 (4) of the Karnataka Panchayatraj Act, 1993. (iii) Thirdly, there is a criminal case initiated against the petitioner by registering FIR for an offence under Section 7A of the Prevention of Corruption Act, 1988. Hence, he has been dismissed from service. Therefore, he
Arguments
(BY SRI.BHOJEGOUDA T KOLLER, AGA FOR R1: SRI N PRAVEEN KUMAR., ADVOCATE FOR R2 & R3: R4 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AMD 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IN NO. OFFICIAL MEMORANDUM DATED: 01/02/2022 VIGRAPAM/SIBBANDI.CR-01/2021-22 ISSUED BY THE R4 VIDE ANNEXURE-F, THE SAME IS ARBITRARY, ILLEGAL AND CONTRARY TO THE KARNATAKA GRAMA SWARAJ AND PANCHAYAT RAJ (STAFFING PATTERN, SCALE OF PAY, METHOD OF RECRUITMENT AND OTHER CONDITIONS OF SERVICE OF EMPLOYEES OF GRAMA PANCHAYAT) RULES, 2020. 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 H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the order dated 01.02.2022 passed by the fourth respondent vide Annexure-F, whereby, he has been removed from service. 2. The case of the petitioner is that he was initially appointed as a Clerk-cum-Computer Operator by the fourth respondent, by order dated 17.11.2015 vide - 3 - NC: 2025:KHC:18870 WP No. 27607 of 2023 HC-KAR Annexure-A. When he was so working, the fourth respondent – Panchayat, by the impugned order dated 01.02.2022 vide Annexure-F removed him from service. Being aggrieved by the said order, the petitioner is before this Court. 3. The learned counsel appearing for the petitioner has raised the following contentions: (i) Firstly, the impugned order at Annexure-F is passed without issuing any notice and the same is in violation of the principles of natural justice. (ii) Secondly, if any action has to be taken against the employees of the Grama Panchayat, it is covered by the rules framed under the Karnataka Grama Swaraj and Panchayatraj (Staffing Pattern, Scale of Pay, Method of Recruitment and other Conditions of service of employees of Grama Panchayat) Rules, 2020 (for short, ‘the said Rules’). Without following the due procedure prescribed under the 2020 Rules, the impugned order has been - 4 - NC: 2025:KHC:18870 WP No. 27607 of 2023 HC-KAR passed. In support of his contentions, he relied on the decision of this Court in W.P.No.1329/2021 c/w. W.P.No. 1213/2021 disposed of on 10.02.2021, which is produced at Annexure-H to this petition and also a judgment of a
Decision
sought for dismissal of the writ petition. 5. Heard the learned counsel for the parties and perused the writ papers. 6. It is not in dispute that the petitioner was appointed as a Clerk-cum–Computer Operator on 17.11.2015 vide Annexure-A in the fourth respondent – Grama Panchayat. It is also not in dispute that FIR has been registered against the petitioner for an offence under Section 7A of the Prevention of Corruption Act. The impugned order Annexure-F is passed without following the procedure prescribed under the Rules framed under the Panchayatraj Act. This Court in W.P.No.1329/2021, in - 6 - NC: 2025:KHC:18870 WP No. 27607 of 2023 HC-KAR similar circumstances, quashed the dismissal order and directed the competent authority to hold an enquiry against the petitioner as contemplated under the Rules and pass appropriate orders. Even a Division Bench of this Court in W.A.No.543/2023 has held that only on the ground that there is registration of the criminal case against the employee and the same is still pending, he cannot be dismissed from service without holding an enquiry. In the case on hand, the impugned order is passed without holding an enquiry as provided under the Rules. 7. In view of the above, the impugned order is liable to be set aside. Admittedly, there is a delay of one year ten months in approaching this Court and the allegations against the petitioner are very serious in nature. Under the circumstances, he cannot be re-instated into service. The respondents be directed to conclude the enquiry as expeditiously as possible. 8. Hence, the following order is passed: - 7 - NC: 2025:KHC:18870 WP No. 27607 of 2023 HC-KAR (i) (ii) The writ petition is allowed. The impugned order dated 01.02.2022 passed by the fourth respondent vide Annexure-F is set aside. (iii) The respondent – competent authority is directed to hold an enquiry against the petitioner as contemplated under the said Rules and pass appropriate orders, in accordance with law, within six months from the date of receipt of a copy of this order. If the enquiry is not initiated within six months, the respondents are directed to re-instate the petitioner into service. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 50