- 1 - HC-KAR NC: 2025:KHC-D:14140-DB WA No. 100304 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO.100304 OF 2023 (S-RES) BETWEEN: 1. THE REGISTRAR, UNIVERSITY OF AGRICULTURAL SCIENCES, YATTINGUDDA, KRISHINAGAR, DHARWAD. REP. BY ITS REGISTRAR, SRI. PARAMESHWAR S. HUGAR, AGE. 61 YEARS, OCC. SERVICE, R/O. DHARWAD, DIST. DHARWAD. 2. THE ADMINISTRATIVE OFFICER, UNIVERSITY OF AGRICULTURAL SCIENCES, YATTINGUDDA, KRISHINAGAR, DHARWAD. REP. BY ITS ADMINISTRATIVE OFFICER, SRI. SUVARNLATA H. CHANNAL, AGE. 61 YEARS, OCC. SERVICE, R/O. DHARWAD, DIST. DHARWAD. …APPELLANTS (BY SRI. RAMACHANDRA A. MALI, ADVOCATE) VINAYAKA B V Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14140-DB WA No. 100304 of 2023 AND: 1. M.B. MALLAPUR, AGE. 57 YEARS, AGRICULTURAL COLLEGE, VIJAYPUR, R/O. M.M. HIREMATH LAYOUT, BEHIND SADHUNAVAR ESTATE, DHARWAD, TQ. & DIST. DHARWAD. 2. THE ENQUIRY/DISCIPLINARY COMMITTEE, AGRICULTURE UNIVERSITY, YATTINAGUDDA COMPOUND, KRISHINAGAR, DHARWAD. …RESPONDENTS (BY SRI. H.M. DHARIGOND, ADVOCATE FOR R1) (NOTICE TO R2 IS DISPENSED WITH) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT 1961, PRAYING TO CALL FOR THE RECORDS IN W.P.NO.110158/2016 (S-RES) ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND SET ASIDE THE ORDER DATED 19-1-2023 MADE IN THE ABOVE WRIT PETITION PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AS THE SAME BEING ERRONEOUS AND NOT SUSTAINABLE IN LAW AND CONSEQUENTLY DISMISS THE W.P.NO.110158/2016 (S-RES) AS DEVOID OF MERITS IN THE INTEREST OF THE JUSTICE AND EQUITY & ETC. THIS WRIT APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14140-DB WA No. 100304 of 2023 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The Officers of the University of Agricultural Sciences, Dharwad, are in appeal under Section 4 of the Karnataka High Court Act, 1961, assailing the learned Single Judge’s order dated 19.01.2023 passed in W.P. No.110158/2016 whereby the resolution of the Board, dated 04.09.2015 (Annexure-H) as well as the order dated 23.02.2016 (Annexure-K), imposing punishment of demotion from the cadre of Heavy Vehicle Driver to Light Motor Vehicle Driver and for recovery, and also Annexure-M dated 20/21.04.2016, the consequential order of recovery were quashed. 2. Heard Sri. Ramachandra A.Mali, learned counsel for the appellants-University, and Sri. H.M.Dharigond, learned counsel for caveator/respondent No.1. Perused the entire writ appeal papers. 3. On certain allegations of misconduct, an enquiry against respondent No.1 was initiated. After enquiry, the enquiry - 4 - HC-KAR NC: 2025:KHC-D:14140-DB WA No. 100304 of 2023 authority, constituted under Statute 11 of the Universities of Agricultural Sciences (Amendment) Act, Dharwad, 1987 (for short, ‘the 1987 Statutes’) made in exercise of power under Section 40(1) of the Karnataka Universities of Agricultural Sciences Act, 1963, submitted its report/proceedings dated 25.08.2014 (Annexure-G) whereunder, the Inquiry Committee recommended punishment of demotion as well as recovery. Thereafter, consequential orders of punishment and recovery are passed. 4. The said order of punishment was the subject matter of W.P. No.110158/2016 and the learned single Judge under impugned order dated 19.01.2023 quashed the order of punishment on the ground that the Inquiry Officer had stepped into the shoes of the Disciplinary Authority to impose/recommend punishment. Questioning the said order of the learned Single Judge, the appellants-University is before this Court in this appeal. 5. Learned counsel for the appellant Sri. Ramachandra A.Mali would submit that the conclusion arrived at by the learned Single Judge to the effect that the Inquiry Officer had entered - 5 - HC-KAR NC: 2025:KHC-D:14140-DB WA No. 100304 of 2023 into the shoes of the Disciplinary Authority to impose punishment is contrary to 1987 Statues, particularly Statute 11(1)(a). Learned counsel for the appellant would further submit that, in terms of Statute 11(1)(a), except for imposing major penalty of dismissal, removal or reduction in rank, other minor punishment could be imposed by the Disciplinary Authority itself. In that regard, learned counsel would refer to Statute 11(1)(a) of 1987 Statutes. 6. Per contra, Sri. H.M.Dharigond, learned counsel for the caveator/respondent No.1 would support the order passed by the learned Single Judge and would submit that when the appointing authority is empowered to impose the major penalty, the Inquiring Authority or the Inquiry Committee could not have recommended any punishment. Thus, he prays for dismissal of the writ appeal. 7. Having heard the learned counsel for the parties and having perused the entire material on record, we are not inclined to interfere with the order under challenge passed by the learned Single Judge. - 6 - HC-KAR NC: 2025:KHC-D:14140-DB WA No. 100304 of 2023 8. Statute 11 of the 1987 Statutes reads as follows: “11. Disciplinary action 1. The following authorities shall deal with the disciplinary cases and shall be vested with powers to inflict suitable punishment, subject to the appellate authorities as prescribed under this Statute. (a) A committee consisting of two Heads of Divisions / Officers of the University, with one of the Directors other than the Director Student Welfare as Chairman to be nominated by the Vice-Chancellor in respect of disciplinary cases involving service personnel and teachers of the rank of Professor and below. The Vice- Chancellor shall be the appellate authority to whom the appeals against decisions of the committee be made. (b) The Board shall appoint a committee to deal with disciplinary cases involving all University employees not mentioned in clause (1)(a) of this Statute and other than those mentioned under Section 9(1), (2), (3) of the Act. The Board shall be the appellate to whom the appeals against the decision of this committee be made. (c) In cases of disciplinary action involving punishments of dismissal, removal or reduction in rank, the principle laid down in Article 311(1) of the Constitution with reference to Government servants, namely, that such punishments shall not be inflicted except by the Appointing Authority or any Authority to which the Appointing Authority is subordinate shall be followed. ” - 7 - HC-KAR NC: 2025:KHC-D:14140-DB WA No. 100304 of 2023 A reading of the above statute would make it clear that for inflicting suitable punishment, a committee consisting of two Heads of Divisions/Officers of the University, with one of the Directors other than the Director Student Welfare as Chairman to be nominated by the Vice-Chancellor in respect of disciplinary cases involving service personnel and teachers of the rank of Professor and below shall be formed. Clause 1(b) of the Statue would state that Board shall appoint a committee to deal with disciplinary cases involving all University employees not mentioned in clause (1)(a) of the Statute. Clause 1(c) would implicitly make it clear that major punishment of dismissal, removal or reduction in rank shall be inflicted after following the principles laid down in Article 311(1) of the Constitution of India and the same shall be inflicted by the appointing authority or any authority to which the appointing authority is subordinate. 9. Annexure-‘G’ enquiry report/resolution of the enquiry committee, dated 25.08.2014, has recommended as follows: “11. F ªÉÄð£À CA±ÀUÀ¼À£ÀÄß UÀªÀÄ£ÀzÀ°èlÄÖPÉÆAqÀÄ, ¸À«ÄwAiÀÄÄ MmÁÖgÉAiÀiÁV C©ü¥ÁæAiÀÄ §A¢gÀĪÀÅzÀÄ K£ÉAzÀgÉ, ²æ Dgï. J¸ï. ¥Ánî ºÁUÀÆ ²æà JA.©.ªÀįÁè¥ÀÅgÀ EªÀj§âgÀÆ F CªÀåªÀºÁgÀzÀ°è ¨sÁVAiÀiÁVgÀĪÀÅzÀjAzÀ PÀæªÀĪÁV (1) ²æà Dgï. J¸ï. ¥Ánî, - 8 - HC-KAR NC: 2025:KHC-D:14140-DB WA No. 100304 of 2023 C©üAiÀÄAvÀgÀÄ (DmÉÆÃ) (CªÀiÁ£ÀvÀÄÛ) EªÀjUÉ CªÀgÀ ºÁ° ªÉÃvÀ£À ±ÉæÃtÂAiÀÄ PÀ¤µÀ×vÀªÀÄ ªÉÃvÀ£ÀPÉÌ vÀgÀĪÀÅzÀÄ ºÁUÀÆ ªÉÄÃ¯É ²¥sÁgÀ¸ÀÄì ªÀiÁrzÀ MlÄÖ ªÉÆvÀÛzÀ CzsÀðzÀµÀÖ£ÀÄß CAzÀgÉ gÀÆ. 4,65,904.88 ¥ÉÊ UÀ¼À£ÀÄß ¸ÀzÀjAiÀĪÀjAzÀ ªÀ¸ÀÆ° ªÀiÁqÀĪÀÅzÀÄ (2) ²æà JA.©. ªÀįÁè¥ÀÅgÀ, ¨sÁjªÁºÀ£À ZÁ®PÀgÀÄ (CªÀiÁ£ÀvÀÄÛ) EªÀjUÉ ®WÀĪÁºÀ£À ZÁ®PÀ ºÀÄzÉÝUÉ »A§rÛ ¤ÃqÀĪÀÅzÀÄ ºÁUÀÆ ªÉÄÃ¯É ²¥sÁgÀ¸ÀÄì ªÀiÁrzÀ MlÄÖ ªÉÆvÀÛzÀ CzsÀðzÀµÀÖ£ÀÄß CAzÀgÉ gÀÆ. 4,65,904.88 ¥ÉÊUÀ¼À£ÀÄß ¸ÀzÀjAiÀĪÀjAzÀ ªÀ¸ÀÆ° ªÀiÁqÀĪÀÅzÀÄ.” 10. The Inquiry Committee has recommended punishment of recovery and demotion of respondent No.1 from the post of heavy vehicle driver to light motor vehicle driver. When the statute particularly empowers the appointing authority to inflict major penalty such as dismissal, removal or reduction in rank, it was not open for the Inquiring Authority or the Inquiry Committee to suggest or recommend punishment. Since the learned counsel for the appellants is not in a position to point out any statute empowering Inquiring Authority or Inquiry Committee to suggest imposition of punishment and in the absence of any such statute, the recommendation or suggestion of the Inquiring Authority or Inquiry Committee is without jurisdiction. It is for the appointing authority to apply its mind to the inquiry report and take appropriate decision. In that light of - 9 - HC-KAR NC: 2025:KHC-D:14140-DB WA No. 100304 of 2023 the matter, we do not find any error or illegality in the order passed by the learned Single Judge. Accordingly, the writ appeal stands rejected. Pending interlocutory applications, if any, stand disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 59