- 1 - HC-KAR NC: 2025:KHC-D:8698 WP No. 103343 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO. 103343 OF 2025 (S-RES) BETWEEN: SHRI. MALIK @ MALIKSAB, S/O. HUSSENSAB SIKKALGI, AGE. 40 YEARS, OCC: BILL COLLECTOR, YARAGATTI PATTAN PANCHAYATI, R/O. YARAGATTI, TQ: YARAGATTI, DIST: BELAGAVI. …PETITIONER (BY SMT. SHAILA BELLIKATTI, ADVOCATE) AND: 1. PROJECT DIRECTOR, DEPARTMENT OF URBAN DEVELOPMENT CELL DISTRICT COLLECTORS OFFICE BELAGAVI, DIST: BELAGAVI-590001. 2. ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE BAILHONGAL, BAIHONGAL-591102, DIST: BELAGAVI. 3. TAHSILDAR AND ADMINISTRATIVE OFFICER TOWN/PATTAN PANCHAYAT YARAGATTI, YARAGATTI-591129, TQ: YARAGATTI, DIST: BELAGAVI. 4. THE CHIEF OFFICER PATTAN/TOWN PANCHAYAT YARAGATTI, YARAGATTI-591129, TQ: YARAGATTI, DIST: BELAGAVI. …RESPONDENTS (BY SRI. P.N.HATTI, ADLL. GOVT. ADVOCATE FOR R1 TO R3) (NOTICE TO R4 IS SERVED) Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.07.19 10:11:58 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8698 WP No. 103343 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT CERTIORARI BY QUASHING RESOLUTION BEARING NO.239 DATED 03-02-2025 PASSED BY RESPONDENT NO.3 DIRECTING PETITIONER TO BE ON UNPAID LEAVE TILL HE IS POSTED ANOTHER LOCAL BODY VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of certiorari to quash the Resolution No.239, dated 03.02.2025, passed by respondent No.3 and to direct him to pass appropriate order to pay salary for the period the petitioner was sent on leave. 2. The petitioner was serving as a Bill Collector in the Pattan Panchayat, Yaragatti. It is alleged that, on the basis of certain allegations and complaints against the petitioner, a show-cause notice was issued on 10.01.2024, 28.02.2024 and 22.01.2025 by the Assistant Commissioner, Bailhongal. It is alleged that the petitioner did not reply to the said notices. - 3 - HC-KAR NC: 2025:KHC-D:8698 WP No. 103343 of 2025 When things stood thus, the State Committee of the Karnataka Dalit Sangarsh Samiti represented by its Taluk Co-ordinator, Mr. Santosh K.Channametri had alleged that the petitioner had abused him by taking his caste and had demanded bribe of Rs.50,000/- to Rs.60,000/- and also threatened him of his life. In that regard, he submitted a complaint on 31.01.2025 and had threatened to hold ‘satyagraha’ on 04.02.2025. Based on certain correspondences in this regard between the Tahasildar, Yaragatti, dated 31.01.2025, and the Project Director, District Development Cell, dated 03.02.2025, respondent No.3 proposed to depute the petitioner to some other local authority and till then, he directed the petitioner to go on leave without pay in terms of the impugned order dated 03.02.2025. Being aggrieved by the same, the petitioner is before this Court. 3. The learned counsel for the petitioner submitted that the allegations made against the petitioner are false and far from truth. She contends that the petitioner is exposed to these false proceedings since he did not yield to the request of Mr. Santosh K.Channametri who had compelled the petitioner to make entries in respect of a property in the name of - 4 - HC-KAR NC: 2025:KHC-D:8698 WP No. 103343 of 2025 Smt. Sarojavva. She further contends that the petitioner is entitled to a secure tenure and if respondent No.3 wants to dispense with the services of the petitioner based on unverified allegations, the procedure as contemplated under law has to be complied with. She contends that till date, respondent No.3 has not taken any action for removal of the petitioner in accordance with law. Therefore, she contends that the impugned orders proposing to depute the petitioner to some other local authority and until then not to pay the salary is itself in the nature of punishment. She contends that the petitioner is condemned unheard and therefore, the impugned order deserves to be set at naught. 4. Learned Additional Government Advocate, who appears for respondents No.1 to 3, submits that certain serious allegations and complaints were received against the petitioner and therefore, respondent No.3, as the Administrator of respondent No.4, has proposed to depute the petitioner to some other local authority and until such deputation, it is declared that the petitioner shall not be entitled to the salary. He contends that since the allegations against the petitioner are - 5 - HC-KAR NC: 2025:KHC-D:8698 WP No. 103343 of 2025 serious in nature, he cannot be continued in the mischief mischief zone and has to be transferred out to some other local authority. Besides this, he contends that the petitioner is employed on temporary basis and therefore, he is not entitled to any protection or security of tenure and the respondent No.3 is entitled to dispense with the services once respondent No.3 is satisfied that the services of the petitioner is no longer required. Thus, he contends that the impugned order passed by respondent No.3 is just and proper and no interference is warranted. 5. I have considered the submission of the learned counsel for the petitioner and the learned Additional Government Advocate for respondents No.1 to 3. 6. The fact that the petitioner was employed as a Bill Collector in respondent No.4 is not in dispute. Respondent No.4 is now under the control of an Administrator appointed by the State Government. Therefore, respondent No.3 is effectively not entitled to dispense with the services of the petitioner and that could be done only by an elected body of the Panchayat. Be that as it may, if an employee of the panchayat is accused - 6 - HC-KAR NC: 2025:KHC-D:8698 WP No. 103343 of 2025 of any misdoing or any misgiving or any complaint is lodged by any member of public against such employee, it is open for the panchayat on the administrative side to take suitable action. Since it is stated in Annexure-A that a show cause notice was issued by respondent No.2 to the petitioner based on the complaints lodged against the petitioner, the same has to reach a logical end by framing charges against the petitioner and thereafter conduct appropriate enquiry and pass order either to continue or dispensing with the services of the petitioner. In order to ensure that the petitioner does not tamper with the evidence or obstruct the enquiry, he may be kept out of the mischief zone by either suspending him or deputing or transferring him elsewhere. If he is suspended, then he is entitled for subsistence allowance and if he is deputed or transferred, he is entitled for full salary at the deputed/transferred place. However, the respondent No.3 cannot by a one-line whimsical order state that the petitioner is liable to be deputed to some other local authority and until such deputation, petitioner should be deprived of salary. Therefore, the impugned order passed by respondent No.3 is - 7 - HC-KAR NC: 2025:KHC-D:8698 WP No. 103343 of 2025 indeed an arbitrary exercise of executive power. Hence warrants interference. 7. In that view of the matter this writ petition is allowed in part. The impugned order in so far as refusing to pay the salary to the petitioner until he is deputed to some other local authority is quashed. If the respondent No.4 has undertaken the enquiry against the petitioner, it is open for respondents No.3 and 4 to conclude it and in the meanwhile, they may pass appropriate orders either to suspend him or depute him or transfer him to any other local authority until conclusion of enquiry. It is needless to mention that in case, respondent No.3 decides to suspend the petitioner, he shall be entitled to subsistence allowance in accordance with law. Once the enquiry is completed and if any punishment is imposed on the petitioner, then all necessary consequences shall follow. Sd/- (R.NATARAJ) JUDGE KMS Ct:vh List No.: 38 Sl No.: 11