- 1 - HC-KAR NC: 2025:KHC-D:12421 WP No. 106960 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106960 OF 2025 (S-RES) BETWEEN: NIRUPADI BHOVI AGE. 43 YEARS, OCC. HOME GUARD TALUK UNIT GANGAVATHI R/O. AT POST GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583 231 … PETITIONER (BY SRI. H.N. GULARADDI, ADVOCATE) AND: 1. THE DISTRICT COMMANDANT HOME GUARD OFFICE KOPPAL-583 231 2. THE UNIT COMMANDANT HOME GUARD OFFICE TALUK UNIT GANGAVATHI, GANGAVATHI-583 227 3. ASSISTANT DIRECTOR TOURISM DEPARTMENT KOPPAL-583 231 … RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED SUSPENSION ORDER DATED. 06-08-2025 VIDE ANNEXURE-B BEARING NO. AADALITA/03/GRU DA KO/2025-26 TO ISSUED BY THE RESPONDENT Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12421 WP No. 106960 of 2025 NO. 1 IN SO FAR AS PETITIONER CONCERN IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: a. A writ in the nature of certiorari to quash the impugned Suspension order dated 06.08.2025 vide Annexure – B bearing No.aadalita/03/gruda ko/2025- 26 to issued by the Respondent No.1 in so far as petitioner concern in the interest of justice and equity. b. Any other writ or direction, which this Hon’ble Court is deems fit under the facts and circumstance of the case in the interest of justice and equity. c. Any other writ or direction or order, which this Hon’ble Court deems fit and proper under the facts and circumstance of the case in the interest of justice and equity. 3. The grievance of the petitioner is that without giving a show-cause notice the petitioner has been dismissed and it is on that basis, that the petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:12421 WP No. 106960 of 2025 4. Sri.H.N.Gularaddi., learned counsel for the petitioner submits that it was but required for show-cause notice to have been issued to the petitioner before taking any action as regards the services of the petitioner. 5. This Court in WP No. 105378 OF 2025 (S-DIS) has held that “Home Guard” who is appointed is not a government servant, but he so appointed on a contractual basis and as per the appointment letter 30 days’ notice for dismissal or salary in lieu could be paid by the respondents. 6. That being the case, there would be no requirement for any cause to be shown for such dismissal, dismissal could be without cause. At the most, the petitioner would be entitled for one month salary in lieu of notice. If no notice has been issued by the respondents, the respondent would be required to make payment of one month salary. 7. In that view of the matter, I pass the following; ORDER - 4 - HC-KAR NC: 2025:KHC-D:12421 WP No. 106960 of 2025 i. The writ petition is dismissed. ii. A certiorari is issued, directing respondents to make payment one month salary in lieu of notice. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 38