Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47785 WP No. 1608 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1608 OF 2022 (S-RES)
BETWEEN:
SMT. MANJULA DEVI W/O V LAKSHMINARAYANA, AGED ABOUT 32 YEARS, R/AT NO 6, BUDADIMITTA RAMASAGARA, BANGARPET TALUK, KOLAR DISTRICT 563116 …PETITIONER (BY SRI. S VISWESWARAIAH.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPTD. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M S BUILDING, BANGALORE 560001
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47785 WP No. 1608 of 2022
2.
THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, KOLAR DISTRICT, KOLAR 563101
3.
THE CHEIF EXECUTIVE OFFICER TALUK PANCHAYATH, KGF 563116 KOLAR DISTRICT,
4.
THE PANCHAYATH DEVELOPMENT OFFICER RAMASAGARA GRAMA PANCHAYATH, KGF TALUK, KOLAR DISTRICT 563116 …RESPONDENTS (BY SRI. B.J. ESHWARAPPA, AGA FOR R1 SRI. M.S. DEVARAJU, ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE OFFICIAL MEMORANDUM PASSED BY THE R-2 DTD 30.09.2021 AND THE OFFICIAL MEMORANDUM PASSED BY THE R-3 DTD 22.10.2021 VIDE ANNX-A AND B RESPECTIVELY BY ALLOWING THE WRIT PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:47785 WP No. 1608 of 2022
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
1. The petitioner has filed this writ petition seeking the following relief:
"To quash the Official Memorandum passed by respondent No.2 dated 30.09.2021 and the Official Memorandum passed by respondent No.3 dated 22.10.2021 vide Annexure "A" and "B" respectively by allowing the writ petition."
2.
Brief facts leading rise to the filing of this writ petition are as follows:
3. The State Government issued a notification/letter to all the Zilla and Taluka Panchayats for appointment of Grama Kayaka Mithra to the concerned Grama Panchayats on 20.03.2021. Respondent No.2 has issued a letter regarding the appointment of Grama Kayaka Mithra along with the merit list of the
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HC-KAR NC: 2025:KHC:47785 WP No. 1608 of 2022
candidates including the petitioners on 25.06.2021. One R.P.Asha, on 20.07.2021, has submitted a representation to respondent No.2 to stay the selection process of the petitioner, making certain allegations on
30.09.2021. Respondent No.2 recommended to respondent No.3, to cancel the appointment of the petitioner. Hence, this writ petition.
4. Heard the learned counsel for the petitioner and the
learned counsel for the respondents.
5.
Learned counsel for the petitioner submits that before passing the impugned order, no Charge Memo was issued and no inquiry was conducted. Therefore, the impugned order is in violation of the principles of natural justice. Hence, on these grounds, prays to allow the writ petition.
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HC-KAR NC: 2025:KHC:47785 WP No. 1608 of 2022
6. Per contra, the learned counsel for the respondents submits that the liberty be reserved to the respondents to initiate an enquiry against the petitioner and accordingly pray to, dispose of the writ petition.
7. Perused the records and considered the submissions of the learned counsel for the parties.
8. It is an undisputed fact that the petitioner was appointed as a Grama Kayaka Mithra on 25.06.2021 and one R.P.Asha submitted a representation making allegations against the petitioner. Respondent No.2 has recommended to respondent No.3 to cancel the appointment of the petitioner. Based upon the recommendation made by respondent No.2, respondent No.3 cancelled the appointment order of the petitioner.
9. Admittedly, before cancellation of the appointment
order of the petition, no enquiry was held. Thus,
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HC-KAR NC: 2025:KHC:47785 WP No. 1608 of 2022
without holding an enquiry, the impugned order is passed. Therefore, the impugned order passed by respondent No.2 is in violation of the principles of natural dispute. Hence, on this ground alone, the impugned order is liable to be set aside.
10. Accordingly, I proceed to pass the following order:
ORDER
(I) The writ petition is allowed; (II) The impugned Official Memorandum passed by respondent No.2 dated 30.09.2021 and the Official Memorandum passed by respondent No.3 dated 22.10.2021 vide Annexures
"A" and "B" respectively, are hereby quashed; (III) Respondents are directed to reinstate the petitioner into service with all the consequential benefits;
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HC-KAR NC: 2025:KHC:47785 WP No. 1608 of 2022
(IV) Liberty is reserved to respondent No.4 to initiate enquiry and pass an appropriate
order in accordance with law, if so desired, after giving sufficient opportunity to the petitioner.
Sd/- (ASHOK S.KINAGI) JUDGE
RK List No.: 1 Sl No.: 12