- 1 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 12529 OF 2025 (S-RES) BETWEEN: DR N SHANKARESHA S/O NINGEGOWDA AGED ABOUT 69 YEARS, CHENNIGARAYA EXTENSION, CHANNARAYAPATTANA-573116 R/AT/297, SHIVADHAMA, 3RD CROSS, KOTE ROAD, CHANNARAYAPATTANA HASSAN-573116 …PETITIONER (BY SMT. SHARADAMBA A R., ADVOCATE) AND: 1. STATE OF KARNATAKA HEADED BY ITS PRINCIPAL SECRETARY COLLEGIATE EDUCATION M S BUILDNIG BANGALORE - 01 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, GOVERNMENT OF KARNATAKA, #1, PALACE ROAD, AMBEDKAR VEEDHI, BENGALURU, KARNATAKA 560001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 3. DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, GOVERNMENT OF KARNATAKA, #1, PALACE ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA 560001. 4. THE JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION, MYSURU DIVISION, VINOBHA ROAD, MYSURU-570005 5. CHIEF EXECUTIVE OFFICER SRI ADICHUNCHANGIRI SHIKSHANA TRUST ® REGISTERED UNDER INDIA TRUSTS ACT, 1882 BGSIT CAMPUS, BG NAGAR- 571448. 6. THE PRINCIPAL SRI. ADICHUNCHANAGIRI FIRST GRADE COLLEGE, CHANNARAYAPATTANA- 573116. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4 SRI. VYSHAK MANIKANTA S., ADVOCATE FOR SRI. PURUSHOTHAM J., ADVOCATE FOR R5 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER OF PENALTY DATED 23/02/2024, MARKED AS ANNEXURE-A, PASSED BY THE 3RD RESPONDENT, IN REF CEO OFFICE NO - 3 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 114/2023-24 AS IT IS INCONSISTENT WITH THE PRINCIPLES OF NATURAL JUSTICE AND VIOLATIVE OF ARTICLE 14 AND 16 OF THE INDIAN CONSTITUTION. B) DIRECT THE RESPONDENTS TO TREAT THE PETITIONERS RESIGNATION AS VOID AND TO TREAT THE SERVICE OF THE PETITIONER AS A PRINCIPAL OF THE COLLEGE AND FURTHER DECLARE THAT THE PETITIONER IS RETIRED AS A PRINCIPAL OF THE COLLEGE C) DIRECT THE RESPONDENT NO. 4 TO REFUND THE INCREMENT AMOUNT WHICH IS DUE TO THE PETITIONER FROM JULY 2023 TILL HIS RETIREMENT D) DIRECT THE 5TH RESPONDENT TO PAY THE SALARY FOR THE MONTH OF SEPTEMBER 2023 FOR WHICH THE TAX HAS BEEN DEDUCTED E) WITH HUGE COSTS AND PASS ANY APPROPRIATE DIRECTION OR ORDER AS IT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking for the following reliefs: " a) Issue a writ of certiorari quashing the order of penalty dated 23/02/2024, marked as Annexure-A, passed by the 3rd respondent, in Ref: CEO Office No.114/2023-24 as it is inconsistent with the principles of natural justice and violative of Articles 14 and 16 of the Indian Constitution; b) Direct the respondents to treat the petitioner's resignation as void and to treat the service of the petitioner as a principal of the college and further declare that the petitioner is retired as a principal of the college; c) Direct the respondent No.4 to refund the increment amount which is due to the petitioner from July 2023 till his retirement ; - 5 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 d) Direct 5th respondent to pay the salary for the month of September 2023 for which the tax has been deducted; e) With huge costs and pass any appropriate direction or order as it deems fit in the circumstances of the case; f) issue any appropriate order or direction as this Hon'ble Court deems fit and proper in the circumstances of the case including with huge costs." 2. Brief facts leading rise to the filing of this petition are as follows: 3. The petitioner was appointed as a Stop Gap Lecturer on 15.07.1988 and his service was regularised by Order dated 21.01.1993. Later on, he was appointed as a Principal of the College on 01.07.2019. The petitioner submitted a resignation on 18.11.2022 to the post of Principal and one Manjunath M.K. was appointed as a Principal. A notice was issued to the petitioner by respondent No.3. The petitioner replied - 6 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 to the said notice. The resignation submitted by the petitioner to the post of Principal was accepted vide Annexure “A”. Respondent No.3 Management has however refused to forward the relevant papers to the Government for settlement of retirement benefits. 4. The respondent management has passed an order for withholding one increment payable to the petitioner. The petitioner aggrieved by the impugned order has filed this writ petition. 5. Heard the learned counsel for the petitioner and learned counsel for respondent Nos.5 and 6. 6. Learned counsel for the petitioner submits that as the petitioner has retired from service, respondent Nos.5 and 6 may be directed to forward all the relevant papers to the Government for settlement of retirement benefits of the petitioner and she submits - 7 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 that the petitioner will not press prayer “A” in the writ petition. 7. Per contra, learned counsel for respondent Nos.5 and 6 submits that if the petitioner submits a representation along with all relevant documents, respondent Nos.5 and 6 would forward the said representation along with the relevant documents to the Government. 8. Learned Additional Government Advocate submits that if such a representation is forwarded by respondent Nos.5 and 6, the respondent-Government will consider and pass an appropriate order in accordance with law. 9. Perused the records and considered the submissions of the learned counsel to the parties. 10. It is an undisputed fact that the petitioner was working as a Lecturer in respondent No.6 College. He was appointed as a Principal vide Order dated - 8 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 01.07.2019. The petitioner submitted a resignation to the post of Principal on 18.11.2022. The said resignation was accepted and one Manjunath M.K. was appointed as a Principal. 11. An allegation was made against the petitioner stating that N.T. Nagaraja and Niroosha M.R. were appointed as Lecturers to the College in 2018 and 2021 respectively. When they were appointed in the same College, they were married and the petitioner had attended the marriage. It is contended that the petitioner, concealing the said fact, permitted sanction of House Rent Allowance (HRA) to both husband and wife, who were employed in the same college and residing together, which is against the governing Rules that when both spouses are employed in the same institution and are living together, only one of them is entitled to receive HRA. - 9 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 12. Subsequently, on the basis of the information given by respondent No.4, that N.T.Nagaraja and Niroosha M.R. married to each other in 2022 itself, which was not disclosed by any of them in the service records which is mandatory, and the permitted sanction of House Rent Allowance (HRA) to both husband and wife, a disciplinary enquiry was initiated against the petitioner. 13. The enquiry officer submitted a report with a recommendation to withhold five increments of the petitioner. The disciplinary authority, considering the recommendation made by the enquiry officer, passed an order withholding one increment vide Annexure ‘A’. The said order has been already implemented. 14. It is submitted by the learned counsel for the petitioner that the petitioner had retired on attaining the age of superannuation and that respondent Nos.5 - 10 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 and 6 have not forwarded the papers to the Government for settlement of retirement benefits. 15. Learned counsel for respondent Nos.5 and 6 submitted that respondent Nos.5 and 6 would forward the papers to the Government for settlement of retirement benefits of the petitioner. 16. The learned AGA submitted that if the papers are forwarded to the State Government, the State would consider the same and pass an appropriate order in accordance with law. 17. In view of the submissions made by the learned counsel for the parties, and in the circumstances of the case, I proceed to pass the following order: ORDER (I) The writ petition is allowed in part. (II) Respondent Nos.5 and 6 are directed to forward all the relevant papers to the State Government for settlement - 11 - HC-KAR NC: 2025:KHC:47476 WP No. 12529 of 2025 of retirement benefits of the petitioner within four weeks from the date of receipt of a copy of this order. (III) Thereafter, the State Government is directed to consider the said papers and pass an appropriate order within four weeks from the date of receipt of the relevant documents and papers i.e., accordance with law. (IV) Pending interlocutory applications, if any, stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 1 Sl No.: 7