Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:37556 WP No. 28346 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28346 OF 2025 (S-RES) BETWEEN:
DR DEEPIKA N D/O. SRI NARASEGOWDA R. V.
AGED 42 YEARS, OCC IN CHARGE HOD DEPT OF OBG., SABVMCRI, BENGALURU R/AT NO.14, 5TH CROSS SHAKTHI GANAPATHI NAGAR BASAVESHWAR NAGAR BENGLAURU 560 079. …PETITIONER (BY SRI. PRASANNA V R., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF MEDICAL EDUCATION M.S. BUILDING, DR. B.R.AMBEDKAR ROAD BENGLUURE 560001.
2.
THE COMMISSIONER DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICE AROGYA SOUDHA, 5TH FLOOR MAGADI RAOD, BEGALURU-560 023.
3.
THE COMMITTEE OF ENQUIRY REP. BY ITS CHAIRMAN AROGYA SOUDHA, 5TH FLOOR MAGADI RAOD, BEGALURU-560 023. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO., AGA FOR RESPONDENTS)
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:37556 WP No. 28346 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE NOTIFICATION DATED:26.08.2025 IN NO.MED.428.MMC.2025 ISSUED BY THE 1 RESPONDENT STATE CONSTITUTING THE 3RD RESPONDENT COMMITTEE FOR ENQUIRY VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioner has called in question the notification dated 26.08.2025 issued by respondent No.1 vide Annexure-A.
2. The learned counsel for the petitioner has contended that the impugned notification at Annexure-A is issued without giving any notice to the petitioner. As per the notification, a Committee has been constituted to conduct enquiry against the petitioner. The impugned notification is issued contrary to the principles of natural justice.
- 3 -
HC-KAR NC: 2025:KHC:37556 WP No. 28346 of 2025
3. In response, the learned AGA, upon instructions, submits that no formal enquiry has been initiated against the petitioner. Under the impugned notification at Annexure-A, a Committee has been constituted to conduct preliminary enquiry to find out the validity of the complaint received against the petitioner and to get report from the committee. Based on the report, if the competent authority is satisfied, further proceedings may be initiated in accordance with law. Hence, he submitted that the writ petition is premature.
4. In view of the above, the writ petition is
disposed of.
5. The petitioner is at liberty to raise all contentions, if departmental enquiry is initiated against him.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM LIST NO.: 1 SL NO.: 8