- 1 - HC-KAR NC: 2025:KHC:48007-DB WA No. 1790 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1790 OF 2024 (S-RES) BETWEEN: 1. ADDITIONAL CHIEF SECRETARY, AND REVISIONAL AUTHORITY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION, 6TH FLOOR, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMISSIONER, COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU-560 001. 3. THE DIRECTOR, COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU-560 001. 4. THE JOINT DIRECTOR, REGIONAL OFFICE, COLLEGIATE EDUCATION, KALIDASA ROAD, GANDHINAGAR, BENGALURU-560 009. 5. THE DIRECTOR, DIRECTORATE OF VOCATIONAL EDUCATION, VISVESVARAYA TOWER, 8TH FLOOR, - 2 - HC-KAR NC: 2025:KHC:48007-DB WA No. 1790 of 2024 DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. …APPELLANTS (BY SRI. S.H.RAGHAVENDRA., AGA) AND: 1. H.HONAPPA S/O HONNEGOWDA, AGED ABOUT 54 YEARS, WORKING AS ASSISTANT PROFESSOR IN COMMERCE, VISHWESHWARA PURA COLLEGE OF ARTS AND COMMERCE, K.R.ROAD, BENGALURU-560 006. 2. THE SECRETARY, VOKKALIGARA SANGHA, K.R.ROAD, BENGALURU-560 004. 3. THE PRINCIPAL, VISHVESHVARAPURAM COLLEGE OF ARTS AND COMMERCE, K.R.ROAD, BENGALURU-560 004. 4. RAMASWAMY S/O CHIKKA ASWATHAPPA, AGED ABOUT 26 YEARS, RESIDING AT NO.41/1, 11TH CROSS, 10TH MAIN, SRINAGAR, BENGALURU-560 050. 5. THE PRINCIPAL, VISHVESHVARAPURAM SCIENCE COLLEGE, K.R.ROAD, BENGALURU-560 064. 6. THE PRINCIPAL, VISHVESHWARAPURAM EVENING PU COLLEGE OF ARTS AND COMMERCE, K.R.ROAD, BENGALURU-560 004. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:48007-DB WA No. 1790 of 2024 THIS WRIT APPEAL UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL SET ASIDE ORDER DATED 09/06/2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP NO.27620/2019. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed by the State being aggrieved by the judgment and order dated 09.06.2023 passed by the learned Single Judge in W.P.No.27620/2019 instituted by respondent No.1. 2. The parties are referred to as per their ranking in the writ petition for the sake of convenience. 3. The petitioner was appointed as a lecturer in Vishveshwarapuram Government Science College on a temporary basis. However, petitioner’s service came to be - 4 - HC-KAR NC: 2025:KHC:48007-DB WA No. 1790 of 2024 regularized vide the order dated 10.04.2006. Since, the date of his regularization, the petitioner has been working as Full time lecturer, as a permanent employee of the said college. 4. One Mr.Ramaswamy gave a complaint on 16.07.2016 alleging that the petitioner’s services were wrongly regularised and he was not qualified to be appointed as the Lecturer in the College. He had submitted a false document regarding his qualification. It was further stated that the seat was reserved for Scheduled Caste candidate. The petitioner was a General Category candidate and therefore, the inquiry must be conducted on these allegations and appropriate actions should be taken. The said complaint was enquired into by the department and in the inquiry, it appears that the allegations contained in the complaint dated 16.07.2016 were found to be true. 5. Without issuing charge sheet and conducting the departmental proceedings, the petitioner's services came to be dispensed with by the order on 14.06.2019. - 5 - HC-KAR NC: 2025:KHC:48007-DB WA No. 1790 of 2024 6. A confirmed lecturer in the college who has been working since 1991 for almost 30 years has been summarily dismissed by the impugned order without conducting the departmental proceedings. Such an action of dismissing a permanent employee, summarily by the appointing authority is not sustainable. The appointing authority must have issued the charge sheet against the petitioner, if the allegations in the complaint were found to be true and correct, and thereafter the departmental inquiry as contemplated under the relevant rules ought to have been conducted. Such procedure admittedly was not followed, and therefore, we do not think that the impugned order passed by the learned Single Judge requires an interference. 7. We find no ground to interfere with the impugned order and we dismiss this writ appeal. However, it would be open to the appointing authority/competent authority to conduct departmental proceedings, and if the competent authority is of the view that the respondent No.1 had obtained the appointment by making a false claim in his application and - 6 - HC-KAR NC: 2025:KHC:48007-DB WA No. 1790 of 2024 documents are incorrect, they may proceed in accordance with law. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 2 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA