SHRI. BABAJI S/O RAJENDRAGOUDA PATIL v. THE STATE OF KARNATAKA
WP/103622/2024 · 2025-10-29
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62161 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62161 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14579 WP No. 103622 of 2024
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103622 OF 2024 (S-RES) BETWEEN:
SHRI. BABAJI S/O RAJENDRAGOUDA PATIL, AGE. 36 YEARS, OCC. TECHNICAL ASSISTANT, R/O. AT POST. JALALPUR, TAL. RAIBAG, DIST. BELAGAVI- 591317. …PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, RPTD BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, VIKASASOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU- 01.
2.
THE ZILLA PANCHAYAT, RPTD BY ITS CHIEF EXECUTIVE OFFICER, BELAGAVI- 590010, DIST. BELAGAVI.
3.
THE TALUK PANCHAYAT NIPPANI, RPTD BY ITS EXECUTIVE OFFICER, TALUK PANCHAYAT, NIPPANI- 591237, TQ. NIPPANI, DIST. BELAGAVI. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1, SRI. SHIVARAJ HIREMATH, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI BY QUASHING THE IMPUGNED SUSPENSION
ORDER BEARING NO. KAjiPam/RaGaU/ OmMBViVa.39/2021-22 DATED 14/07/2023 ISSUED BY THE 2ND
RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.10.31 06:27:38 +0000
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HC-KAR NC: 2025:KHC-D:14579 WP No. 103622 of 2024
RESPONDENT VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO REINSTATE THE PETITIONER AS TECHNICAL ASSISTANT (AGRICULTURE) FOR THE PROJECT I.E. THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
A. Issue a writ in nature of certiorari by quashing the impugned suspension order bearing no. KaJiPam/RaGaU/ OmMBViVa.39/2021-22 dated 14/07/2023 issued by the 2nd respondent vide Annexure-G, in the interest of justice and equity. B. Issue a writ in the nature of mandamus directing the Respondent No.2 to reinstate the petitioner as Technical Assistant (Agriculture) for the project i.e. The Mahatma Gandhi National Rural Employment Guarantee Scheme, in the interest of justice and equity. C. Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case. 2. Heard learned counsel Sri.Pruthvi K.S. for the petitioner, learned HCGP Smt.Girija S. Hiremath for the
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HC-KAR NC: 2025:KHC-D:14579 WP No. 103622 of 2024
respondent-State and learned counsel Sri.Shivaraj Hiremath for respondent Nos.2 and 3. 3. The petitioner is appointed on 17.09.2013 as a Technical Assistant 00under the Mahatma Gandhi National Rural Employment Guarantee Scheme. The appointment was for a period of 1 year. He is terminated prior to the expiry of 1 year. The petitioner has been terminated on account of certain misconduct. 4. The learned counsel for the petitioner submits that the respondents did not conduct any enquiry or issue notice prior to the termination on account of misconduct and therefore has caused serious prejudice to the future of the petitioner. The appointment of the petitioner admittedly was for a period of 1 year in terms of the order of appointment dated 17.09.2013. The contract has ended and no order directing enquiry or reinstatement into the post could ensue in the case at hand.
The only order that could be passed in favour of the petitioner is that the petitioner if has to be taken back by the respondents to the service of the same post. The observations in the impugned
order will not come in the way.
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HC-KAR NC: 2025:KHC-D:14579 WP No. 103622 of 2024
5. For the aforesaid observation, petition stands
disposed.
6. The petitioner is at liberty to approach the respondents for the necessary relief.
Sd/- (M.NAGAPRASANNA) JUDGE
KGK/CT-GTB List No.: 1 Sl No.: 0