- 1 - NC: 2025:KHC-D:1430 WP No. 105607 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 105607 OF 2023 (S-DE) BETWEEN: 1. SHRI DR SRINIVAS S/O BOODEPPA KOSGI, AGE 47 YEARS OCC ASSOCIATE PROFESSOR/ INCHARGE MEDICAL SUPERINTENDENT DEPARTMENT OF PSYCHIATRY IN DHARWAD INSTITUTE OF MENTAL HEALTH AND NEAURO SCIENCE DHARWAD R/O PLOT NO 204, SHRISTI ENCLAVE OPPOSITE AMRUT THEATRE VIDYANAGAR, HUBBALLI DHARWAD 580002 …PETITIONER (BY SRI. S.S.YADRAMI., SENIOR COUNSEL FOR SRI. VISHWANATH BADIGER., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE MEDICAL EDUCATION VIKAS SOUDH BENGALURU 560001 2. THE VICE PRESIDENT ADMINISTRATIVE COUNCIL AND SECRETARY TO GOVERNMENT MEDICAL EDUCATION DEPARTMENT VIKAS SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU -01 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1430 WP No. 105607 of 2023 3. THE DIRECTOR DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCE BELAGAVI ROAD DHARWAD 580008 …RESPONDENTS (BY SRI. ASHOK KATTIMANI., AGA FOR R-1 & R-2; SRI. SUNIL.S.DESAI., ADVOCATE FOR R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA., PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING OF IMPUGNED ARTICLES OF CHARGES BEARING NO.DIMHANS/SIBBANDI/99/2021-22 VIDE DATED 23.12.2021 AS PER ANNEXURE-E ISSUED BY RESPONDENT NO.3 AND INITIATION OF DEPARTMENTAL ENQUIRY BEARING NO.DIMHANS/SIBBANDI/99/2021-22 VIDE DATED 25.08.2022 AS PER ANNEXURE-F ISSUED BY 2ND RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA ORAL ORDER 1. This petition is filed challenging the charge sheet contending that the chargesheet has been issued by an incompetent authority. The chargesheet which is produced as Annexure-E indicates that it has been issued by the Vice President of the Selection Committee who was also the Director of the respondent – Institute. - 3 - NC: 2025:KHC-D:1430 WP No. 105607 of 2023 2. The employees of DIMHANS are governed by the Dharwad Institute of Mental Health and Neuro Sciences Bye-laws, 2009. These bye-laws have been produced by the petitioner himself as per Annexure- M. 3. As far as the pay, recruitment and conditions of service is concerned, the employees are governed by the Dharwad Institute of Mental Health and Neuro Sciences (pay, recruitment, conditions of service and miscellaneous provision) Rules, 1995 (for short, “1995 Rules”) which is also a part of the bye-laws which is produced at Annexure-M. 4. Rule 4 of 1995 Rules indicates that pay and recruitment rules of the employees of the DIMHANS will be as specified in Annexure-I, while Rule 5 of 1995 Rules indicates that rules relating to conditions of service and miscellaneous provisions shall be as specified in Annexure-II. - 4 - NC: 2025:KHC-D:1430 WP No. 105607 of 2023 5. Annexure-II of the Conditions of Service Rules, deals with the manner in which the conditions of service of an employee are governed. The conduct and disciplinary proceedings rules indicate that the appointing authority, the authority competent to impose penalities and the appellate authority in respect of categories of post shall be as per Annexure-I. 6. Annexure-I reads as follows: Sl. No. Description of post Appointing Authority Authority competent to impose penalties Appellate Authority Disciplinary Controlling Authority Penalties under the rules ** *** *** *** *** *** 2 Other posts in Group –A&B Selection Committee Director (ii) to (iv) all Selection Committee ** *** *** *** *** *** 7. As could be seen from the above, in respect of Group A and B posts, the authority competent to impose penalty is the Director and the Appellate Authority would be the Selection Committee. - 5 - NC: 2025:KHC-D:1430 WP No. 105607 of 2023 8. In the instant case, as already noticed above, the chargesheet has been issued by the Director and it is therefore clear that the argument that it has been issued by the incompetent authority cannot be accepted. 9. Learned counsel for the respondent also brings to my notice that the Government, vide Annexure-R1 to the statement of objections, have approved the issuance of the charge sheet and have directed the enquiry to be conducted in respect of all the draft charges except charge No.7. This also therefore indicates that the Government has also approved the issuance of chargesheet. 10. Learned counsel for the respondent also submits that pursuant to the chargesheet, the petitioner has also participated in the enquiry and has been cross- examined by the witnesses. In this view of the matter, the argument of the petitioner that the - 6 - NC: 2025:KHC-D:1430 WP No. 105607 of 2023 chargesheet has been issued by the incompetent authority cannot be accepted. 11. The Writ Petition is therefore dismissed. Sd/- (N.S.SANJAY GOWDA) JUDGE List No.: 19 Sl No.: 6