- 1 - HC-KAR NC: 2025:KHC:42396 WP No. 17324 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 17324 OF 2025 (S-RES) BETWEEN: DR.VISHWANATHA, S/O LATE MALLEGOWDA, AGED ABOUT 63 YEARS, RETIRED PROFESSOR, T.K. LAYOUT, 4TH STAGE, KUVEMPUNAGARA, MYSORE - 570 023. …PETITIONER (BY SRI. YASHWANTH NETHAJI N.T., ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE) AND: 1. UNIVERSITY OF MYSORE, REPRESENTED BY ITS VICE CHANCELLOR, CRAWFORD HALL, VISHWAVIDYANILAYA KARYA SOUDHA, K G KOPPAL, SARASWATHIPURAM, MYSORE - 570 005. 2. THE REGISTRAR, UNIVERSITY OF MYSORE, CRAWFORD HALL, VISHWAVIDYANILAYA KARYA SOUDHA, K G KOPPAL, SARASWATHIPURAM, MYSORE - 570 005. 3. SRI. M. G. MANJUNATH, CHAIRMAN OF THE ALLEGED ENQUIRY COMMITTEE, MAJOR, WOKING AS KANNADA PROFESSOR, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42396 WP No. 17324 of 2025 HEMAGANGOTHRI, HASSAN - 573 201. 4. DR. T R CHANDRASHEKAR, MEMBER OF THE ALLEGED ENQUIRY COMMITTEE, MYSORE UNIVERSITY, NO.37, 32ND MAIN ROAD, BEHIND DEVEGOWDA PETROL BUNK, CHINNAPPA NAIDU LAYOUT, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. 5. PROF. D. ANAND, MEMBER OF THE ALLEGED ENQUIRY COMMITTEE, DIRECTOR, COLLEGE DEVELOPMENT BOARD, MOULYA BHAVANA, MYSORE UNIVERSITY, MYSORE -570 005. …RESPONDENTS (BY SRI. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R1 AND R2; R3, R4 AND R5 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION SEEKING QUASHING/SETTING ASIDE OF THE IMPUGNED ORDER AT ANNEXURE-Y ISSUED BY RESPONDENT NO.2 VIDE NO.ET3/152/2015-16 DATED 03/04/2025. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:42396 WP No. 17324 of 2025 ORAL ORDER The Petitioner filed this writ petition challenging the article of charges issued by respondent No.2 vide Annexure-Y dated 03.04.2025. 2. Brief facts, leading rise to the filing of this writ petition are as follows: The petitioner worked as a Professor in the University of Mysore. An Office Order was passed on 30.09.2020, directing the petitioner to report as the Professor in the Department of Kannada Language Chair in the Centre for Indian Language, School of Languages, Literature and Culture Studies in Jawaharlal Nehru University, New Delhi. On 15.10.2020, respondent No.2 passed an order maintaining the lien on the post held by the petitioner as an Associate Professor for two years. The petitioners worked in Jawaharlal Nehru University, New Delhi. It stated that if the service of the petitioner was not available then the same could have been aversive for the Jawaharlal Nehru University's glory. Jawaharlal Nehru University, New Delhi in fact went on passing an order dated 26.10.2022 extending the tenure for one year with the effect - 4 - HC-KAR NC: 2025:KHC:42396 WP No. 17324 of 2025 from 01.10.2022 to 30.09.2023 or till fresh appointment is made, whichever is earlier. The petitioner made a communication to the respondent-University requesting for to continue his deputation, and a lien for further one year. There was no reply to the said communication. The petitioner submitted another representation on 05.06.2023. Respondent No.2-University made a communication dated 08.06.2023 to the petitioner to furnish all the relevant documents so as to take further action in relation to the extension of a lien. The petitioner immediately submitted all the requisite documents by way of an e-mail and addressed a letter on 06.09.2023. Meanwhile, Jawaharlal Nehru University, New Delhi passed an order extending the tenure of the petitioner for another two months i.e., October and November 2023. On 02.12.2023, respondent No.2-University without considering the earlier communications, wrote a letter to the petitioner directing him to report to the duty in Maharaja College. The petitioner reported to Maharaja College, and continued to work as a Professor in the said Maharaja College, and retired from the service on attaining the age of superannuation on 31.05.2024. After his retirement a show cause notice was issued to the - 5 - HC-KAR NC: 2025:KHC:42396 WP No. 17324 of 2025 petitioner concerning the articles, and imputation of charges. The initiation of the proceedings against the petitioner, after attaining the age of superannuation is illegal. Hence this writ petition. 3. Heard the learned counsel for the petitioners, and the learned counsel for the respondents. 4. Learned counsel for the petitioner submits that the grievance of the petitioner is that one of the committee members of the fault finding enquiry committee is not cordial with the petitioner and he has an apprehension that they may pass an order against him. He submits that the fault finding committee report was set-aside, and he further submits that the fact finding committee may be reconstituted. Hence on these grounds, he prays to dispose-of the writ petition. 5. Per contra, the learned counsel for the respondent- University submits that the respondent-university will reconstitute the fault finding enquiry committee, and will proceed with the matter. - 6 - HC-KAR NC: 2025:KHC:42396 WP No. 17324 of 2025 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. The learned counsel for the respondent-University has submitted that the respondent-University will reconstitute the fault finding committee and respondent No.3 will not be a member of the said Enquiry committee. 8. The learned counsel for the respondent-University also submits that till the fresh enquiry committee is constituted, respondent No.2-University undertakes not to act upon the article of charges. 9. Undertaking is placed on record. 10. In view of the submissions made by the learned counsel for the respondent-University, the writ petition is disposed of directing the respondent-University to constitute a fresh Enquiry committee. Sd/- (ASHOK S.KINAGI) JUDGE RL List No.: 1 Sl No.: 13