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2025 DAILYLAW 85350 (KAR)

SHRI SUNIL CHINCHANI v. THE STATE OF KARNATAKA

WP/103704/2024 · 2025-10-29

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14565 WP No. 103704 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103704 OF 2024 (S-RES) BETWEEN: SHRI. SUNIL CHINCHANI, AGE: 37 YEARS, OCC: BAREFOOT TECHNICIAN, R/O: SHIRAGUPPI, RAIBAG- 591317, TQ: RAIBAG, DIST: BELAGAVI- 591317 …PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA RPTD BY ITS SECRETARY DEPARTMENT OF PANCHAYAT RAJ VIKASASOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-01. 2. THE ZILLA PANCHAYAT, RPTD BY ITS CHIEF EXECUTIVE OFFICER, BELAGAVI- 590010, DIST: BELAGAVI. 3. THE TALUK PANCHAYAT NIPPANI, RPTD BY ITS EXECUTIVE OFFICER TALUK PANCHAYAT, NIPPANI- 591237 TQ: NIPPANI, DIST: BELAGAVI. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1, SRI. SHIVARAJ HIREMATH, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED SUSPENSION ORDER BEARING Ka.GPam/ RaGaU/ OmMB/ ViVa. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.10.31 06:27:38 +0000 - 2 - HC-KAR NC: 2025:KHC-D:14565 WP No. 103704 of 2024 39/ 2021-22 NO. DATED 14/07/2023 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-G IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO REINSTATE THE PETITIONER AS BAREFOOT TECHNICIAN FOR THE PROJECT I.E. THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME., IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A) Issue a writ in nature of certiorari quashing the impugned suspension order bearing ka.gpam/ragau/ommb/viva.39/2021-22 no. dated 14/07/2023 issued by the 2nd respondent vide Annexure-G in the interest of justice and equity. B) Issue a writ in the nature of mandamus directing the respondent no.2 to reinstate the petitioner as Barefoot Technician for the project i.e. The Mahatma Gandhi National Rural Employment Guarantee Scheme., in the interest of justice and equity. C) Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case. - 3 - HC-KAR NC: 2025:KHC-D:14565 WP No. 103704 of 2024 2. Heard learned counsel Sri.Pruthvi K.S. for the petitioner, learned HCGP Smt.Girija S. Hiremath for the respondent-State and learned counsel Sri.Shivaraj Hiremath for respondent Nos.2 and 3. 3. The petitioner is appointed on 07.06.2019 as a Barefoot Technician under the Mahatma Gandhi National Rural Employment Guarantee Scheme. The appointment was for a period of 1 year. He is terminated prior to the expiry of 1 year. 4. The learned counsel for the petitioner submits that the respondents did not conduct any enquiry or issue notice prior to the termination on account of misconduct and therefore has caused serious prejudice to the future of the petitioner. The appointment of the petitioner admittedly was for a period of 1 year in terms of the order of appointment dated 07.06.2019. The contract has ended and no order directing enquiry or reinstatement into the post could ensue in the case at hand. The only order that could be passed in favour of the petitioner is that the petitioner if has to be taken back by the respondents to the service of the same post. The observations in the impugned order will not come in the way. - 4 - HC-KAR NC: 2025:KHC-D:14565 WP No. 103704 of 2024 5. For the aforesaid observation, petition stands disposed. 6. The petitioner is at liberty to approach the respondents for the necessary relief. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-GTB List No.: 1 Sl No.: 87