- 1 - HC-KAR NC: 2025:KHC:35295 WP No. 27358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27358 OF 2025 (S-RES) BETWEEN: SANTHEHALLI GRAM PANCHAYATH OFFICE OF THE GRAM PANCHAYTH KASABA HOBLI, MALUR TALUK KOLAR DISTRICT 563130 REP BY ITS PRESIDENT. …PETITIONER (BY SRI SATISH M DODDAMANI, ADVOCATE FOR SRI. SAGAR B B., ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER KOLAR ZILLA PANCHAYATH OFFICE OF THE ZILLA PANCHAYATH KOLAR DISTRICT, KOLAR 563101. 2. SMT ASHA K.M W/O LATE SURESH AGE ABOUT 40 YEAS R/O SANTHEHALLI VILLAGE KASABA HOBLILMALULR TALUK KOLAR-563130 …RESPONDENTS (BY SRI. RAMESH BABU R., ADVOCATE FOR C/R2: SERVICE OF NOTICE TO R1 IS DISPENSED WITH V/O DATED: 09.09.2025) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35295 WP No. 27358 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 20.08.2025 IN APPEAL NO.03/2024-25 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-Grama Panchayat has called in question the order dated 20.08.2025 passed by respondent No.1 vide Annexure-D, whereby the termination of respondent No.2 from service by the petitioner-Grama Panchayat has been set aside and directed to conduct a fresh enquiry in accordance with law. 2. Respondent No.2 was an employee of petitioner- Grama Panchayath. When she was working as a Water Operator, the petitioner had initiated departmental enquiry against the respondent No.2. Pending enquiry, she was placed under suspension by order dated 22.01.2025 vide - 3 - HC-KAR NC: 2025:KHC:35295 WP No. 27358 of 2025 Annexure-C. Subsequently, by resolution dated 09.06.2025 passed by the Grama Panchayat, the respondent No.2 has been removed from service. Being aggrieved by the termination order, respondent No.2 had filed an appeal before respondent No.1 under Section 113(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The respondent No.1, by impugned order dated 20.08.2025 vide Annexure-D has set aside the termination order passed against the respondent No.2 and directed the petitioner to conduct a fresh enquiry in accordance with law. Being aggrieved by the said order, the petitioner-Grama Panchayat is before this Court. 3. Since the enquiry is not conducted as per the provisions of the Act and the Rules framed thereunder, the respondent No.1, by impugned order dated 20.08.2025 vide Annexure-D has set aside the termination order dated 22.01.2025 passed against the respondent No.2 and directed the petitioner to conduct a fresh enquiry in - 4 - HC-KAR NC: 2025:KHC:35295 WP No. 27358 of 2025 accordance with law. Hence, there is no error or illegality in the impugned order passed by the respondent No.1. 4. At this stage, learned Senior Counsel appearing for the petitioner has submitted that in compliance with the directions of the respondent No.1, the petitioner will conduct a fresh enquiry against the respondent No.2 in accordance with law and same will be concluded within 3 months. He further submitted that the suspension order shall remain in force during the said period of enquiry and the petitioner will pay subsistence allowance to the respondent No. 2 till the completion of the enquiry. 5. In view of the above, the following order is passed: ORDER a) The writ petition is disposed of. b) The petitioner is directed to conclude the departmental enquiry initiated against the respondent No.2 in accordance with law, as - 5 - HC-KAR NC: 2025:KHC:35295 WP No. 27358 of 2025 expediently as possible, not later than three months from today. c) The suspension order dated 22.01.2025 at Annexure-C shall remain in operation for a further period of 3 months from today, subject to condition that the petitioner shall pay subsistence allowance to the respondent No.2, until the completion of the enquiry. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 13