- 1 - HC-KAR NC: 2025:KHC-D:14316-DB WP No. 100090 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 100090 OF 2024 (S-KAT) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION LITERACY, GOVERNMENT OF KARNATAKA, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS , K.G. ROAD, NEAR DISTRICT REGISTER, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGAR, BENGALURU 560009. 3. THE ADDITIONAL COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS OPP. TO LIC AND SBI MAIN BRANCH, KCD ROAD, RODDHA ROAD, DHARWAD 580008. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DHARWAD DISTRICT, DHARWAD 580007. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.03 10:41:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14316-DB WP No. 100090 of 2024 5. THE BLOCK EDUCATION OFFICER DHARWAD DISTRICT, DHARWAD 580007. …PETITIONERS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE) AND: SRI. I.I. MULLA S/O. IMAMHUSSENSAV AGED ABOUT 55 YEARS, WORKING AS HEAD MASTER IN GOVERNMENT SENIOR PRIMARY KANNADA SCHOOL, SANGMESHWAR NAGAR, BELAGAVI, R/O. #74, S.NO. 8, BAZAR GALLI, KHASBAG, BELAGAVI-590003. …RESPONDENT (BY SRI. MADANAGOUDA N. PATIL, ADVOCATE) THIS WP IS FILED ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BELAGAVI IN APPLICATION NO.10292/2023 BY ORDER DATED 09.08.2023 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:14316-DB WP No. 100090 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The petitioners-State Authorities in Education Department are before this Court under Article 226 and 227 of the Constitution of India, aggrieved by the Order dated 09.08.2023 passed in Application No.10292/2023, whereunder the respondent's application is allowed and the following order is passed: “(i) Application is allowed. (ii) The impugned order bearing No. E2/¥Áæ±Á²/L.L.ªÀÄÄ/²¸ÀÄÛ PÀæªÀÄ/2021-22/ 2156 dated 01.09.2022 passed by the 4th Respondent vide Annexure-A6 is hereby quashed. (iii) Respondents are directed to consider the representation dated 12.04.2022 at Annexure-A7 and post the applicant in his original places of posting within 30 days from the date of receipt of this order with all consequential benefits. (iv) A cost of Rs.5,000/- is imposed on Respondent No.4 and 5 which would be deposited by the officers concerned with Lawyers Welfare Fund, Belagavi, within 30 days of issue of this order.” - 4 - HC-KAR NC: 2025:KHC-D:14316-DB WP No. 100090 of 2024 2. Heard learned Prl. Govt. Advocate Sri. G.K. Hiregoudar for petitioners and learned counsel Sri.Madanagouda N. Patil for respondent and perused the entire writ petition papers. 3. Respondent who is working as Head Master was issued with Articles of charges dated 15.03.2022 (Annexure-A2). Prior to issuance of charges the respondent was kept under suspension by order dated 30.08.2021. The respondent submitted his reply to the charges. In the reply, at one breath, the respondent denied the charges and at another he admitted the charge of remaining absent from 10.08.2021 to 18.08.2021 and admitted to have signed subsequently the attendance register. The enquiry officer appointed to conduct the enquiry into the Articles of charges submitted his report holding that only two charges are proved. Based on the enquiry report, the respondent was imposed the punishment of withholding two annual increments without cumulative effect, under Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957. - 5 - HC-KAR NC: 2025:KHC-D:14316-DB WP No. 100090 of 2024 Questioning the said order of penalty, the respondent was before the tribunal in the above stated application. The tribunal on consideration of the contentions of the parties passed the above extracted order. 4. Learned AGA appearing for the petitioners would contend that when respondent admitted the charge of remaining unauthorizedly absent and signing the attendance register subsequently, there was no need to produce any evidence and on the said admission, the charge was held to be proved and penalty of withholding two annual increments without cumulative effect was imposed. 5. Learned AGA would further submitted that the tribunal has committed an error in setting aside the order of punishment holding that charges are without any substance and would not amount to any misconduct. Learned AGA would further submit that the Tribunal has also committed an error in directing the petitioners to consider the - 6 - HC-KAR NC: 2025:KHC-D:14316-DB WP No. 100090 of 2024 representation dated 12.04.2022 of the respondent and in posting the respondent in his original place of posting and in imposing cost. The learned AGA would submit that the suspension of the respondent was revoked and he was posted to a different school and without there being any challenge to the said order of revocation and posting him to a different school, the Tribunal could not have directed the petitioners to post the respondent to his original place. 6. On the other hand, learned Counsel Sri.Madanagouda N.Patil appearing for respondent would submit that no material is placed on record to prove the charge and no evidence was recorded by the enquiry officer to hold the charge as proved. Further, learned counsel would submit that the admission is not categorical or unequivocal. In the absence of such unequivocal admission, the enquiry officer could not have held that charges are proved without there being any material produced by the disciplinary authority. Further learned counsel would submit that since the entire proceedings initiated against the - 7 - HC-KAR NC: 2025:KHC-D:14316-DB WP No. 100090 of 2024 respondent is vitiated, the Tribunal is justified in directing the petitioners to provide posting to the respondent to his original place. Thus, he would pray for dismissal of the writ petition. 7. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that the petitioners have not made out any ground to interfere with the setting aside of the order of penalty. However, the Tribunal is not justified in directing consideration of respondents representation dated 12.04.2022 and to post the respondent to his original place of posting and in imposing cost of Rs.5,000/- which requires interference. 8. On perusal of articles of charge dated 15.03.2022(Annexure-A2), it is clear that the charges are vague and would not provide any particulars. The so called admission of the respondent is not categorical or unequivocal. At one place the respondent has denied the - 8 - HC-KAR NC: 2025:KHC-D:14316-DB WP No. 100090 of 2024 charges and at another place, he has said that for taking treatment, he had remained absent and he had signed the attendance register. When the charges are denied, it was for the Disciplinary Authority to conduct enquiry in terms of Rule 11 of CCA Rules. Admittedly, no witness or material is placed before the enquiry officer by examining any witness. In the absence of examining any witness to place on record the material evidence, the tribunal is justified in setting aside the order of penalty dated 01.09.2022(Annexure-A6). We do not find any reason to interfere with the said portion of the impugned order. 9. However, the tribunal is not justified in directing the petitioners herein to consider the representation dated 12.04.2022 and to post the respondent in his original place of posting and also in imposing cost of Rs.5,000/-. The respondent was kept under suspension by Official Memorandum dated 30.08.2021, when the respondent was working as Headmaster at Govt. Higher Primary School, Navanagar, Hubballi. Subsequently, the said suspension - 9 - HC-KAR NC: 2025:KHC-D:14316-DB WP No. 100090 of 2024 was revoked and the respondent was posted to Higher Primary School, Govanakoppa, Dharwad. The said order of revocation or posting is not under challenge. The respondent has accepted that order and has reported to duty at the place of posting at Govanakoppa. In the said circumstance, the tribunal could not have directed the petitioners to post the respondent to his original place of posting. The respondent is working in a transferable post and the respondent is liable to be transferred subject to tenure provided under the Statute. There exists no circumstance to impose cost of Rs.5,000/-. The petitioners- authorities, having issued charges, and based on the enquiry report, imposed penalty of withholding two increments without cumulative effect. This Court has found that the imposition of penalty is without following the procedure that is mandated under CCA Rules. If the procedure is not followed, normally, it would not warrant imposition of costs. - 10 - HC-KAR NC: 2025:KHC-D:14316-DB WP No. 100090 of 2024 10. In the above circumstances, the following order is passed: ORDER 1. Writ petition is partly allowed. 2. Direction Nos.3 and 4 issued by the tribunal in its order dated 09.08.2023, in application No.10292/2023, is quashed. In other respect, the order is confirmed. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB CT-CMU LIST NO.: 1 SL NO.: 23