- 1 - NC: 2025:KHC-D:2687-DB WA No. 100029 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 100029 OF 2023 (S-RES) BETWEEN: 1. THE STATE OF KARNATAKA REP/BY PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, DISTRICT TOWN MUNICIPAL CELL, BAGALKOT-587201. - APPELLANTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE) AND: 1. SRI. NAGARAJ H.K., AGE: 41 YEARS, S/O. HULLAPPA, WORKING AS ACCOUNTANT, TOWN MUNICIPAL COUNCIL, MAHALINGAPURA, BAGALKOT DISTRICT-587312. 2. THE TOWN MUNICIPALITY COUNCIL, GULEDAGUDDA, BAGALKOTE DISTRICT-587201, REP/BY PRINCIPAL SECRETARY. - RESPONDENTS (BY SRI. RAJSHEKHAR BURJI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO QUASH THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN W.P. NO. 103474/2019 DATED 15.09.2021 & ETC., THIS WRIT APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2687-DB WA No. 100029 of 2023 CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The services of the first respondent, who was working on a contract basis with the office of the Deputy Commissioner, Bagalkot [the second appellant], is terminated by the order dated 18.01.2018 on certain allegations without enquiry. The first respondent has called this order in question in W.P. No. 103474/2019 which is favoured by the writ Court by order dated 15.09.2021. The writ Court has quashed the order dated 18.11.2018 directing the first respondent’s reinstatement with continuity of service and 50% back wages. The writ Court has granted such relief opining that the first respondent is removed from service on allegations that are stigmatic but without an enquiry and that is not permissible in law. - 3 - NC: 2025:KHC-D:2687-DB WA No. 100029 of 2023 Sri G.K. Hiregoudar, the learned Principal Government Advocate, is not able to persuade this Court to opine that the reason offered by the writ Court is incorrect or impermissible and if such reason cannot be distrubed, this Court cannot take any exception with the direction for the first respondent’s reinstatement or payment of back wages. Further, this Court on perusal of the order dated 18.11.2018 must opine that the first respondent’s removal from service on allegations that he has deliberately passed cheques without verifying the records, that he has delayed presenting cheques received and other allegations indeed are stigmatic. At this stage, Sri G.K. Hiregoudar submits that this Court must observe that the appellant would be at liberty to act against the first respondent given the seriousness of the allegations. Sri Rajashekhar Burji, the learned counsel for the first respondent, is heard. It cannot be gainsaid that such liberty would be with - 4 - NC: 2025:KHC-D:2687-DB WA No. 100029 of 2023 the appellant as the interference with the order dated 18.11.2018 is on the ground that the first respondent is removed without an enquiry. The writ appeal stands disposed of observing accordingly. In view of disposal of appeal on merits, the pending applications also stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV, CT:VP LIST NO.: 2 SL NO.: 3