SHRI SIDDAPPA S/O MALLAPPA DUMBALE v. THE HONBLE HIGH COURT OF KARNATAKA, BENGALURU
WP/109140/2025 · 2025-12-12
Ashok S Kinagi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85264 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85264 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:18199 WP No. 109140 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 109140 OF 2025 (S-RES)
BETWEEN:
SHRI SIDDAPPA S/O MALLAPPA DUMBALE AGE 43 YEARS OCC: PRESENTLY WORKING AS JAMEDAR AT HON BLE HIGH COURT OF KARNATAKA, DHARWAD BENCH PERMANENT R/O KULAGERI ONNI NIDAGUNDI TQ. NIDGUNDI DIST. VIJAYAPURA 586 213 NOW RESIDING AT KUMARESHWAR NAGAR OPP: ISHWAR TEMPLE DHARWAD 580 008. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:18199 WP No. 109140 of 2025
AND:
1.
THE HON'BLE HIGH COURT OF KARNATAKA, BENGALURU DR AMBEDKAR VEEDHI, BENGALURU 560 001 REPRESENTED BY ITS REGISTRAR GENERAL.
2.
THE ADDITIONAL REGISTRAR GENERAL HON'BLE HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD 580 008. …RESPONDENTS (RESPONDENT SERVED, UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, A. ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED SHOW CAUSE NOTICE 17.11.2025 PASSED BY RESPONDENT NO.1 BEARING NO. HCE 277/2025 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
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HC-KAR NC: 2025:KHC-D:18199 WP No. 109140 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. The petitioner filed this writ petition challenging the show-cause notice dated 17.11.2025 issued by the respondent.
2.
Brief facts leading to the filing of this petition are as follows:
3. Respondent No.2 invited the application from eligible candidates for the recruitment to Group "D" posts. The petitioner appeared for the interview and was appointed as a peon in 2015.
4. After a lapse of 10 years of service, respondent No.1 issued a show-cause notice calling upon the petitioner to show-cause as to why a disciplinary action should not be initiated against him for having submitted marks cards which are not in conformity with the Government Circular dated 27.02.2018. Hence, this petition.
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HC-KAR NC: 2025:KHC-D:18199 WP No. 109140 of 2025
5. Heard the learned counsel for the petitioner.
6.
Learned counsel for the petitioner submits that the show-cause notice issued by respondent No.1 is without jurisdiction and the said show-cause notice was issued after a lapse of 10 years from the date of his appointment. Hence, the show-cause notice issued by the respondent is arbitrary and erroneous. Hence, on these grounds, he prays to allow the writ petition.
7. Perused the records and considered the submissions of the learned counsel for the petitioner.
8. It is an undisputed fact that the petitioner was appointed as a Peon in 2015 and after a lapse of 10 years from the date of his appointment, it is found that the petitioner has secured the appointment based on the marks-card issued by the National Institute of Research and Development Council (NIRDC), New Delhi, at the time of appointment and directed to submit an explanation.
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HC-KAR NC: 2025:KHC-D:18199 WP No. 109140 of 2025
9. The Hon'ble Apex Court in the case of Malladi Drugs and Pharmaceuticals Ltd. vs. Union of India reported in 2004 (166) ELT 153 (S.C.) has held that
"it is well settled that a writ petition should not normally be entertained against the issuance of a show-cause notice".
10. Admittedly, the impugned notice is a show-cause notice and the petitioner, without submitting a reply to the show-cause notice, has filed this writ petition. Hence, the writ petition filed by the petitioner is not maintainable.
11. In view of the above discussion, I do not find any grounds to entertain the writ petition.
12. Accordingly, I pass the following:
ORDER (I) The writ petition is dismissed. (II) The petitioner is at liberty to file objections to the show-cause notice.
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HC-KAR NC: 2025:KHC-D:18199 WP No. 109140 of 2025
(III) The respondents are
directed to consider the reply and pass an appropriate order in accordance with law. (IV) All the contentions of both the parties are kept open.
Sd/- (ASHOK S. KINAGI) JUDGE
RK CT:KHV List No.: 19 Sl No.: 1