- 1 - HC-KAR NC: 2025:KHC:41334-DB WA No. 996 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 996 OF 2024 (S-RES) BETWEEN: SMT SHASHIKALA C W/O SATHISH RAI AGED ABOUT 44 YEARS SOMPADI MATA HOUSE POST SAVANOOR VILLAGE-574 202 KADABA TALUK, D.K …APPELLANT (BY SRI. CHANDRANATH ARIGA K, ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER DAKSHINA KANNADA ZILLA PANCHAYATH MANGALURU-575 001 2. THE PANCHAYATH DEVELOPMENT OFFICER ENMOOR GRAMA PANCHAYATH-574 328 SULLIA TALUK, D.K 3. THE PRESIDENT ENMOOR GRAMA PANCHAYATH 574 328 SULLIA TALUK, D.K …RESPONDENTS (BY SRI. T MOHANDAS SHETTY, ADVOCATE FOR R1, SRI. JEEVAN.K, ADVOCATE FOR R2 & R3) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41334-DB WA No. 996 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 23.04.2024 IN WP NO.1273/2022 (S-RES) CONSEQUENTLY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The writ appeal has been filed impugning the order dated 23.04.2024 passed in W.P.No.1273/2022 filed by the petitioner who was employed as data entry operator in Enmoor Grama Panchayat. She along with one Mr. Mohan B., bill collector found to have misappropriated sum of Rs.39,845/-, the tax collected between 2016-17 and 2018-19. - 3 - HC-KAR NC: 2025:KHC:41334-DB WA No. 996 of 2024 2. Facing the said allegations, Mr. Mohan B., the bill collector had committed suicide on 03.09.2019. 3. The petitioner had been dismissed from service on the ground that she had admitted her guilt in several communications addressed to the higher authorities and therefore, there was no requirement for conducting the disciplinary proceedings against the petitioner. The learned Single Judge has accepted the said contentions of the respondent and held that in view of the admissions made by the petitioner/appellant in several communications addressed to the higher authorities, no disciplinary proceedings required to be conducted. 4. Mr. Chandranath Ariga K., learned counsel for the appellant/petitioner submits that the petitioner signed the typed letter placed before her under coercion and there was no voluntary admission by her admitting her misconduct of misappropriation. He further submits that the petitioner has not admitted her guilt in the - 4 - HC-KAR NC: 2025:KHC:41334-DB WA No. 996 of 2024 departmental enquiry and therefore, purported/alleged admission outside the departmental enquiry has no value. 5. A permanent government servant cannot be dismissed summarily without conducting the departmental proceedings inasmuch as the permanent government servant is protected under Article 311(2) of the Constitution of India. 6. We see substance in the arguments of the learned counsel for the appellant. Considering the judgment of the Supreme Court in Tarsem Singh vs. State of Punjab and others (2006) 13 SCC 581, we are of considered view that the permanent government servant cannot be dismissed summarily on alleged admission made outside the departmental enquiry. In view of the above, we allow the writ appeal and set aside the impugned judgment. We reserve liberty to the respondent to conduct departmental enquiry against the petitioner and conclude the same by issuing the chargesheet and - 5 - HC-KAR NC: 2025:KHC:41334-DB WA No. 996 of 2024 thereafter, the department enquiry shall be conducted within a period of three months. 7. With the aforesaid directions, we allow the writ appeal. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 16