- 1 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.22923 OF 2021 (S-RES) C/W WRIT PETITION NO.51613 OF 2018 (S-RES) IN W.P. No.22923/2021 BETWEEN: SMT. PUSHPALATHA H.K. W/O THIMMARAJU AGED ABOUT 35 YEARS WORKING AS CLERK CUM DATA ENTRY OPERATOR HAGALAVADI GRAMA PANCHAYATH GUBBI TALUK TUMKUR DISTRICT 572 222. …PETITIONER (BY SRI. NARAYANA BHAT M, ADV.,) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M.S. BUILDING DR. AMBEDKAR VEEDHI BANGLAORE 560 001 REP. BY ITS PRINCIPAL SECRETARY. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH TUMKUR 572201. 3. THE EXECUTIVE OFFICER TALUK PANCHAYATH GUBBI TALUK TUMKUR DISTRICT 572216. 4. THE PANCHAYATH DEVELOPMENT OFFICER HAGALAVADI GRAMA PANCHAYATH GUBBI TALUK, TUMKUR DISTRICT 572 222 …RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA FOR R1 SRI. A. ANAGARAJAPPA, ADV., FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER UNDER NO.Ji.Pan.Tu/Ma.Ka.Ni.A/Aa.Sha/106/2019-20 DTD.20.9.2021 PASSED BY THE R-2 MARKED AT ANENXURE-L TO THE W.P. & ETC. IN W.P. NO.51613/2018 BETWEEN: SMT. H.K. PUSHPALATHA W/O THIMMARAJU AGED ABOUT 30 YEARS R/AT. HAGALAWADI HAGALAWADI HOBLI GUBBI TALUK-572 222 TUMAKURU DISTRICT. ...PETITIONER (BY SRI. V.B. SIDDARAMAIAH, ADV.,) - 3 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT M.S.BUILDING, DR. B.R AMBEDKAR VEEDHI BENGALURU-560001 REP. BY ITS CHIEF EXECUTIVE OFFICER. 2. THE ZILLA PANCHAYATH TUMAKURU DISTRICT KOTI TOPU, BELGUMBA ROAD TUMAKURU-572102 REP. BY ITS CHIEF EXECUTIVE OFFICER. 3. THE HAGALAWADI GRAMA PANCHAYATH HAGALAWADI, GUBBI TALUK-572216 TUMAKURU DISTRICT REP. BY PANCHAYATH DEVELOPMENT OFFICER. ...RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA FOR R1 SRI. A. NAGARAJAPPA, ADV., FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RESOLUTION DTD 18.08.2018 PASSED BY, THE R-3, THE GRAMA PANCHAYATH, HAGALAWADI, GUBBI TALUK, TUMAKURU DISTRICT, REPRESENTED BY ITS P.D.O., WITH RESPECT TO DISMISSAL OF THE PETITIONER FROM SERVICES IN ITS SUBJECT NO.5, VIDE ANNX-P & ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. These writ petitions have been filed by the common petitioner seeking for following relief/s: "IN W.P.NO.22923/2021 WHEREFORE, it is prayed that this Hon'ble Court be pleased to stay the impugned order under No.Ji.Pan.Tu/Mu.Ka.Ni.A/Aa.Sha/106/2019-20 dated 20.9.2021 passed by the 2nd respondent marked at Annexure-L to the writ petition the pending disposal of the above writ petition and permit the petitioner to work as Clerk Cum Data Entry Operator in 4th respondent Grama Panchayath by virtue of Memorandum dated 7.9.2020 marked at Annexure- K in the interest of justice and equity. IN W.P.NO.5161382018 a) Issue a Writ of Certiorari or any other writ or order or orders to quash the Resolution dated: 18.08.2018 passed by, the Respondent No.3, the Grama Panchayath, Hagalawadi, Gubbi Taluk, Tumakuru district, represented by its P.D.O., with - 5 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 respect to dismissal of the Petitioner from services in its Subject No.5, vide ANNEXURE - P. b) Issue a Writ of Certiorari or any other writ or order or orders to quash the Resolution dated: 24.7.2017 passed by, the Respondent No.3, the Grama Panchayath, Hagalawadi, Gubbi Taluk, Tumakuru district, represented by its P.D.O., with respect to dismissal of the Petitioner from services in its Subject No.3, vide ANNEXURE - G. c) Issue a Writ of Certiorari or any other writ or order or orders to set aside the portion of the order dated: 19.6.2018, passed by the Chief Executive Officer, Zilla Panchayath, Tumakuru in case No.66/2016-17, with respect to set aside the order of P.D.O. dated; 5.2.2018 and approval of the resolution of the Grama Panchayath, vide ANNEXURE - O. d) Pass any other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and the circumstances of the case by allowing the above Writ Petition, in the interest of justice and equity.” 2. The case of the petitioner is that she was appointed as a Clerk in Hagalavadi Gram Panchayath. While the petitioner was in service, by resolution dated 24.07.2017, - 6 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 the petitioner has been removed from the service. Thereafter, the petitioner approached the Appellate Authority. Even though the Appellate Authority has referred in the order that the termination is made without following procedure and directed the Panchayat to take action in terms of the Rules, but they have not set aside the impugned order passed by the Grama Panchayat. Therefore, the petitioner is before this Court. 3. Learned counsel appearing for the petitioner has submitted that the Panchayat has terminated the service of the petitioner by resolution dated 24.07.2017 without conducting any enquiry and without giving any notice to the petitioner. Even though the petitioner has given a detailed reply stating that she has not misappropriated any funds of the Panchayat and in spite of the direction issued by the Taluk Panchayat to reinstate the petitioner into the service, the Panchayat has not complied the same. He further submitted that without following the procedure prescribed under the Government Orders and - 7 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 Sections 112 and 113 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as the ‘Act, 1993’ for short) and the Karnataka Grama Swaraj and Panchayat Raj (Staffing Pattern, Scale of Pay, Method of Recruitment and other Conditions of Service of Employees of Grama Panchayat) Rules, 2020 (hereinafter referred to as ‘the Rules 2020’ for short), the petitioner has been removed from the service. Hence, he sought for allowing the writ petitions. 4. Learned counsel appearing for the respondents has submitted that since there are serious allegations against the petitioner for misappropriation of funds, the Panchayat has passed the resolution and taken a decision to remove the petitioner from the service. Accordingly, the petitioner has been removed from the service. Hence, he sought for dismissal of the writ petitions. 5. Heard the learned counsel for the parties. Perused the writ petitions papers. - 8 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 6. It is not in dispute that the petitioner has been appointed as Clerk cum Data Entry Operator in respondent No.3-Panchayat. The Panchayat, by resolution dated 24.07.2017, has removed the petitioner from the service on the ground of misappropriation of funds. Before terminating the petitioner from the service, the respondent has not followed the procedure prescribed under the Government Orders dated 10.09.2014 and 02.11.2017 and without giving any notice to the petitioner. Even in similar circumstances, this Court in W.P.No.48068/2018 disposed of on 21.10.2020 has considered Section 113 of Act, 1993 and has held in paragraph Nos.12 to 15 as follows: “12. The order of removal is passed invoking Section 113(3) of the said Act, it is germane to consider the purpost of the aforesaid Section and is extracted hereunder for ready reference: "113. Appointment and control of employees.- (1) Subject to the provisions of Sections 111 and 112 the Grama Panchayatmay, with the prior approval of the - 9 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 Chief Executive Officer appoint other employees of the Grama Panchayat and pay their salaries from the Grama Panchayat Fund: Provided that in making appointments the appointing authority shall reserve posts for the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens in the same manner and to the same extent as is applicable for the recruitinent to posts in the State Civil Services. (2) The [Panchayat Development Officer] may, by order, fine [x x x] or withhold, the increment of any employee appointed by the Grama Panchayat. (3) The Grama Panchayat may reduce in rank, remove or dismiss any employee appointed by it. (4) An appeal shall lie against an order passed by the [Panchayat Development Officer] under sub-section (2) to the Executive Officer and against an order passed by the Grama Panchayat under sub-section (3) to the Chief Executive Officer [xxx] (5) Any appeal under sub-section (4) pending before the Mandal Panchayat or theZilla - 10 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 Parishad on the date of commencement of the Karnataka Panchayat Raj Act, 1993, shall stand transferred respectively to the Executive Officer and the Chief Executive Officer and such appeal shall be decided by them as if it had been filed before them." 13. The afore-extracted provision of law, no doubt empowers the Gram Panchayat to reduce in rank, remove or dismiss any employee appointed by it. But this cannot clothe the Gram Panchayat with the power to remove a permanent employee on grounds of misconduct, without holding an enquiry and giving reasonable opportunity to defend himself as the allegations made would remain allegations until it is substantiated by a process known to law failing which, it would amount to removal of an employee on the basis of suspicion. 14. It is trite law that any amount of suspicion cannot take the place of proof and proof can be arrived at only if a procedure to arrive at is followed. Thus, conduct of a departmental enquiry in the wake of the allegations of misconduct is mandatory and cannot be obviated or circumvented in any manner. 15. Though the employee of a Gram Panchayat is not a civil servant in its true sense and would not get the protection of Article 311(2) of the Constitution of - 11 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 India nonetheless, a Gram Panchayat being a State under Article 12 of the Constitution of India and is bound by the rigors of Article 14 of the Constitution of India.” 7. Now, the State of Karnataka framed the Rules called Karnataka Grama Swaraj And Panchayat Raj (Staffing Pattern, Scale of Pay, Method of Recruitment and Other Conditions of Service of Employees of Grama Panchayat) Rules, 2020. Rule 8 is in respect of the Disciplinary Authority. Sub clause (2) of Rule 8 is related to procedure to be adopted by the disciplinary authority. Sub clause (3) is related to action an Inquiry Report. Sub clause (4) is related to Recommendation of other Investigation Organizations. It is relevant to extract the Rule 8 (2) to (4): “8. Disciplinary Authority. (1) Notwithstanding anything contained in Section 62(d) and Section 113 of Karnataka Grama Swaraj, and Panchayat Raj Act, 1993, disciplinary action shall be initiated against erring employees. - 12 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 (a) The Disciplinary Authority of the concerned Grama Panchayat shall be empowered to initiate disciplinary action against erring employees of the Grama Panchayat and to impose "fine or withholding of increment". (b) The Adhyaksha of Grama Panchyat is empowered to place an employee of the Grama Panchayat under suspension where a disciplinary proceeding against him is contemplated or pending or where a case against him in respect of any criminal offence is under investigation or trial. (c) The Grama Panchayat is empowered to reduce in rank, remove or dismiss employees from service. (2) Procedure to be adopted. 1) The Disciplinary Authority shall draw up or cause to drawn up; i) The substance of the imputations of misconduct or misbehaviour in to definite and distinct articles of charge; ii) a statement of the imputations of misconduct or misconduct in support of each article of charge; which shall contain, a) a statement of all relevant facts including any admission or confession made by the employee; - 13 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 b) list of documents by which, and list of witnesses by whom, the articles of charge are proposed to be sustained. 2) The Disciplinary Authority shall deliver or cause to be delivered to the employee copy of article of charge, the statement of the imputations of misconduct or misbehavior and list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the employee to submit, within such time as may be specified, a written statement of defence and to state whether he desires to be heard in person. 3) a) On receipt of written statement of defence the Disciplinary Authority may himself inquire in to such of the articles of charge as are not admitted, or, if it considers it necessary so to do, appoint an inquiring authority for the purpose, and where all the article of charge have been admitted by the employee in its written statement of defence, the disciplinary authority shall record its findings on each charge and taking such evidence as it may think fit and shall act in the manner laid down as per sub section (1) above. b) If no written statement of defence is submitted by the employee, the Disciplinary Authority may itself inquire in to the articles of charge or may, if it - 14 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 considers it necessary to do so appoint Inquiry Authority. 4) The Inquiry Authority shall give reasonable opportunity to the employee of being heard on the charges for which the employee has not confessed. Inquiry Authority shall examine the witness with respect to the documents and also allow the employee to cross examine the witness. Based on the findings Inquiry Authority shall prepare an Inquiry Report which should clearly state whether the charges are proved or not proved. and submit to the Disciplinary Authority. If Disciplinary Authority itself is the Inquiry Authority, then itself follow the same process and prepare an Inquiry Report. 3) Action an Inquiry Report. a) On receipt of Inquiry Report the Disciplinary Authority shall prepare is opinion based on the Inquiry Report, available documents and witness depositions, and for reasons to be recorded in writing as to whether the Inquiry Report may be accepted or rejected or Inquiry Report to be sent back to the Inquiry Officer for further Inquiry; b) If the charges are proved and the Disciplinary Authority agrees with the Inquiry Report, then it shall issue second show cause notice along with the enquiry report to the employee and take the - 15 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 employee's explanation after giving him reasonable time. On receipt of the explanation or if the employee fails to give explanation within the specified period then decision can be taken based on the facts. c) If the Disciplinary Authority comes to conclusion that the charges are proved and the charges are not of serious nature then it can itself impose fine or withhold increment on the employee. If in the opinion of the Disciplinary Authority that the charges are of serious nature, then it shall prepare self- explanatory note with its . recommendation to be placed before the next General Body Meeting of the Grama Panchayat. The Grama Panchayat shall discuss and for reasons to be recorded in the proceedings take a decision as to the removal of the employee. d) The Disciplinary Authority shall give effect to the decision of the Grama Panchayat.” 8. In view of the above, the impugned order is passed without following the procedure prescribed under Rules 2020 as well as the Government Orders dated 10.09.2014 and 02.11.2017 and the same is passed in violation of - 16 - HC-KAR NC: 2025:KHC:37970 W.P. No.22923 of 2021 C/W W.P. No.51613 of 2018 principles of natural justice. On this ground alone, the impugned order has to be set aside. Hence, the following order is passed: ORDER a) The writ petitions are allowed. b) The impugned order dated 20.09.2021 passed by the respondent-Panchayat is hereby quashed and the respondent-Panchayat is directed to reinstate the petitioner into service. c) The respondent-Panchayat is at liberty to take action against the petitioner in terms of the Rules 2020. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 42 CT:MS