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2025 DAILYLAW 52728 (KAR)

SMT. BEGUM H. YALIGAR W/O. P. THIMMENAHALLI v. THE STATE OF KARNATAKA

WP/105378/2025 · 2025-09-08

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11523 WP No. 105378 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105378 OF 2025 (S-DIS) BETWEEN: 1. SMT. BEGUM H. YALIGAR W/O. P. THIMMENAHALLI, AGE: 38 YEARS, WORKING AS HOME GUARD, METAL NO.125, IN THE OFFICE OF DISTRICT COMMANDANT HOME GUARD, HAVERI DISTRICT-581110, R/O. PATNI BUILDING, VIDYANAGAR, 1ST CROSS, WEST COLONY, HAVERI-581110. 2. SRI. PHEERSAB S/O. IMAMSAB TIMMENAHALLI, AGE: 42 YEARS, WORKING AS HOME GUARD, METAL NO.49, IN THE OFFICE OF DISTRICT COMMANDANT HOME GUARD, HAVERI DISTRICT-581110, R/O. PATNI BUILDING, VIDYANAGAR, 1ST CROSS, WEST COLONY, HAVERI-581110. …PETITIONERS (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF INTERNAL ADMINISTRATION (PARA POLICE FORCE SERVICES) VIDHAN SOUDHA, BENGALURU-560001. 2. THE DIRECTOR OF GENERAL OF POLICE AND COMMANDANT GENERAL HOME GUARDS, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dhrawad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11523 WP No. 105378 of 2025 STATE OF KARNATAKA NO.85, ANNASWAMY MUDALIYAR ROAD, BENGALURU-560042. 3. THE COMMANDANT THE DISTRICT COMMANDANT OFFICE, HOME GUARDS, VIDYANAGAR, HAVERI-581110, TQ AND DIST. HAVERI. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I. ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED SUSPENSION ORDER DATED. 29/05/2025 PASSED BY 3RD RESPONDENT BEARING. NO. DqÀ½vÀ/CªÀiÁ£ÀvÀÄÛ/2/fUÀȺÁ/2025-26 VIDE ANNEXURE-A AND A1 IN THE INTEREST OF JUSTICE AND EQUITY. II. ISSUE ANY OTHER APPROPRIATE ORDER/S AS THIS HON BLE COURT DEEMS FIT IN VIEW OF THE ABOVE NARRATED FACTS AND GROUNDS TO MEET THE END OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: I. Issue a Writ of Certiorari quashing the impugned suspension order dated. 29/05/2025 passed by 3rd respondent bearing. no. DqÀ½vÀ/CªÀiÁ£ÀvÀÄÛ/2/ - 3 - HC-KAR NC: 2025:KHC-D:11523 WP No. 105378 of 2025 fUÀȺÁ/2025-26 vide ANNEXURE-A and A1 in the interest of justice and equity. ii. Issue any other appropriate order/s as this Hon’ble Court deems fit in view of the above narrated facts and grounds to meet the end of justice. 2. The petitioner is aggrieved by the order dated 29.05.2025, issued by respondent No. 3, by virtue of which the petitioner has been placed under suspension in view of the proceedings in Crime No. 22/2025. 3. The petitioner, being a Home Guard, is governed by the contract of engagement between the Home Guard and the respondent. Under this arrangement, respondent No. 3 has the authority to dismiss or terminate the services of the petitioner by issuing one month’s notice. - 4 - HC-KAR NC: 2025:KHC-D:11523 WP No. 105378 of 2025 4. Home Guards are not civil servants and do not fall within the scope of the Karnataka Civil Services Rules, 1958 and hence are not entitled to the procedural protections provided therein, such as issuance of show-cause notice or initiation of disciplinary proceedings under the said Rules. 5. In that view of the matter, I find no infirmity in the order passed by respondent No. 3. Accordingly, the writ petition accordingly stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE VB Ct:pa List No.: 1 Sl No.: 85