Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41120 WP No. 34316 of 2024 C/W WP No. 34334 of 2024 WP No. 34338 of 2024 AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 34316 OF 2024 (S-DIS) C/W WRIT PETITION NO. 34334 OF 2024 (S-RES) WRIT PETITION NO. 34338 OF 2024 (S-RES) WRIT PETITION NO. 34342 OF 2024 (S-DIS) WRIT PETITION NO. 34345 OF 2024 (S-RES) WRIT PETITION NO. 34349 OF 2024 (S-DIS)
IN WP No. 34316/2024
BETWEEN:
SRI MAHESH K S/O LATE KRISHNAPPA, AGED ABOUT 47 YEARS, R/AT NO. 1946/1 E BLOCK, VIJAYANAGARA, 3RD STAGE, MYSURU 570030. WORKING AS VALVEMAN ON TIME SCALE BASIS IN MYSURU CITY CORPORATION. …PETITIONER
(BY SRI. SHARATH S GOWDA., ADVOCATE)
AND:
1. THE COMMISSIONER MYSORE CITY CORPORATION,
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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NEW SAYYAJI ROAD, MYSURU - 570024. 2. THE DEPUTY COMMISSIONER (DEVELOPMENT) MYSURU CITY CORPORATION MYSURU - 570024. 3. THE EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST DIVISION, MYSURU CITY CORPORATION, MYSURU - 570024. 4. THE ASSISTANT EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST 2 SUB DIVISION, MYSURU CITY CORPORATION, MYSURU - 570024. …RESPONDENTS
(BY SMT. GEETHA DEVI M P., ADVOCATE FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF DISMISSAL DATED 05.12.2024 PASSED IN NO. MOUNAPA/KAAA/NIISAANDOCHAV(PA)/SAA/ 1143/2024-25 BY THE R-1 VIDE ANNX-A.
IN WP NO. 34334/2024
BETWEEN:
SRI MOHAMMED SAIFULLA SHARIFF S/O FAYAZ AHMED, AGED ABOUT 41 YEARS, R/AT NO # 388, EWS, 2ND STAGE, BANNIMANTAP,
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HC-KAR NC: 2025:KHC:41120 WP No. 34316 of 2024 C/W WP No. 34334 of 2024 WP No. 34338 of 2024 AND 3 OTHERS
MYSURU - 5700015 WORKING AS VALVEMAN ON TIME SCALE BASIS IN MYSURU CITY CORPORATION
...PETITIONER (BY SRI. SHARATH S GOWDA.,ADVOCATE)
AND:
1. THE COMMISSIONER MYSORE CITY CORPORATION, NEW SAYYAJI ROAD, MYSURU - 570024
2. THE DEPUTY COMMISSIONER (DEVELOPMENT ) MYSURU CITY CORPORATION MYSURU - 570024
3. THE EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST DIVISION, MYSURU CITY CORPORATION MYSURU - 570024
4.
THE ASSISTANT EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST 2 SUB DIVISION, MYSURU CITY CORPORATION MYSURU - 570024 ...RESPONDENTS
(BY SMT. GEETHA DEVI M P., ADVOCATE FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF DISMISSAL DATED 05.12.2024 PASSED IN NO. MOUNAPA/KAAA/NIISAAND OCHAV(PA)/SAA/1143/ 2024-25 BY THE 1ST RESPONDENT VIDE ANNEXURE-A.
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HC-KAR NC: 2025:KHC:41120 WP No. 34316 of 2024 C/W WP No. 34334 of 2024 WP No. 34338 of 2024 AND 3 OTHERS
IN WP NO. 34338/2024
BETWEEN:
SRI VENKATESHA D S/O LATE DESAIAH, AGED ABOUT 41 YEARS, R/AT NO. 21, VANI VILAS WATER WORKS YADAVAGIRI, MYSURU 570020. WORKING AS VALVEMAN ON TIME SCALE BASIS IN MYSURU CITY CORPORATION. ...PETITIONER (BY SRI. SHARATH S GOWDA., ADVOCATE)
AND:
1. THE COMMISSIONER MYSORE CITY CORPORATION, NEW SAYYAJI ROAD, MYSURU - 5700024
2. THE DEPUTY COMMISSIONER (DEVELOPMENT) MYSURU CITY CORPORATION, MYSURU 570024. 3. THE EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST DIVISION, MYSURU CITY CORPORATION. MYSURU - 570024. 4. THE ASSISTANT EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST 2 SUB DIVISION, MYSURU CITY CORPORATION. MYSURU - 570024. ...RESPONDENTS
(BY SMT. GEETHA DEVI M P., ADVOCATE FOR R1 TO R4)
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HC-KAR NC: 2025:KHC:41120 WP No. 34316 of 2024 C/W WP No. 34334 of 2024 WP No. 34338 of 2024 AND 3 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF DISMISSAL DATED 05.12.2024 PASSED IN NO. MOUNAPA/KAAA/NIISAANDOCHAV(PA)/ SAA/1143/2024-25 BY THE 1ST RESPONDENT VIDE ANNEXURE-A.
IN WP NO. 34342/2024 BETWEEN:
SRI CHANNEGOWDA H S/O LATE HONNAPPA, AGED ABOUT 44 YEARS, R/AT NO.3, VANI VILAS WATER WORKS QUARTERS, BOGADI 2ND STAGE, NEAR HARSHA BAR, MYSURU-570026 WORKING AS VALVEMAN ON TIME SCALE BASIS, IN MYSURU CITY CORPORATION. ...PETITIONER
(BY SRI. SHARATH S GOWDA., ADVOCATE)
AND:
1. THE COMMISSIONER MYSORE CITY CORPORATION, NEW SAYYAJI ROAD, MYSURU-570024
2. THE DEPUTY COMMISSIONER (DEVELOPMENT) MYSURU CITY CORPORATION, MYSURU-570024
3.
THE EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST DIVISION, MYSURU CITY CORPORATION, MYSURU-570024
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HC-KAR NC: 2025:KHC:41120 WP No. 34316 of 2024 C/W WP No. 34334 of 2024 WP No. 34338 of 2024 AND 3 OTHERS
4. THE ASSISTANT EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST-2, SUB DIVISION, MYSURU CITY CORPORATION, MYSURU-570024
...RESPONDENTS (BY SMT. GEETHA DEVI M P., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF DISMISSAL DTD. 05.12.2024 PASSED IN NO. MOUNAPA/KAAA/ NIISAANDOCHAV(PA)/SAA/1143/2024-25 BY THE R-1 VIDE ANNX-A.
IN WP NO. 34345/2024 BETWEEN:
SRI LINGARAJU S/O LINGAIAH AGED ABOUT 57 YEARS R/AT NO. 249, 3RD MAIN 6TH CROSS, J C ROAD MYSURU 570011 WORKING AS VALVEMAN ON TIME SCALE BASIS IN MYSURU CITY CORPORATION. ...PETITIONER (BY SRI. SHARATH S GOWDA., ADVOCATE)
AND:
1. THE COMMISSIONER MYSORE CITY CORPORATION NEW SAYYAJI ROAD MYSURU 570024
2. THE DEPUTY COMMISSIONER (DEVELOPMENT) MYSURU CITY CORPORATION MYSURU 570024
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HC-KAR NC: 2025:KHC:41120 WP No. 34316 of 2024 C/W WP No. 34334 of 2024 WP No. 34338 of 2024 AND 3 OTHERS
3. THE EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST DIVISION MYSURU CITY CORPORATION MYSURU 570024
4. THE ASSISTANT EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST 2 SUB DIVISION MYSURU CITY CORPORATION MYSURU 570024 ...RESPONDENTS
(BY SMT. GEETHA DEVI M P., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF DISMISSAL DTD. 05.12.2024 PASSED IN NO. MOUNAPA/KAAA/ NIISAANDOCHAV(PA)/SAA/1143/2024-25 BY THE R-1 VIDE ANNX-A.
IN WP NO. 34349/2024 BETWEEN:
SRI MOHAN N S/O NARAYANA, AGED ABOUT 44 YEARS, R/AT NORTH BANK (K.R.S) CHINKURLI HOBLI, PANDUPURA TALUK, MANDYA-571607 WORKING AS VALVEMAN ON TIME SCALE BASIS, IN MYSURU CITY CORPORATION. ...PETITIONER
(BY SRI. SHARATH S GOWDA., ADVOCATE)
AND:
1.
THE COMMISSIONER MYSORE CITY CORPORATION,
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HC-KAR NC: 2025:KHC:41120 WP No. 34316 of 2024 C/W WP No. 34334 of 2024 WP No. 34338 of 2024 AND 3 OTHERS
NEW SAYYAJI ROAD, MYSURU-570024
2. THE DEPUTY COMMISSIONER (DEVELOPMENT) MYSURU CITY CORPORATION, MYSURU-570024
3. THE EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST DIVISION, MYSURU CITY CORPORATION, MYSURU-570024
4. THE ASSISTANT EXECUTIVE ENGINEER WATER SUPPLY AND SANITARY WEST-2, SUB DIVISION, MYSURU CITY CORPORATION, MYSURU-570024 ...RESPONDENTS
(BY SMT. GEETHA DEVI M P., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF DISMISSAL DATED 05.12.2024 PASSED IN NO.MOUNAPA/KAAA/NIISAAND OCHAV(PA)/ SAA/1143/2024-25 BY THE 1ST RESPONDENT VIDE ANNEXURE-A.
THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
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HC-KAR NC: 2025:KHC:41120 WP No. 34316 of 2024 C/W WP No. 34334 of 2024 WP No. 34338 of 2024 AND 3 OTHERS
ORAL ORDER
These writ petitions are filed by the petitioners challenging the orders of dismissal dated 05.12.2024 passed by respondent No.1.
2.
Brief facts leading rise to the filing of these petitions are as follows:
2.1. The petitioners were appointed on daily wage basis as Valvemen in Vani Vilas Water Supply coming within the purview of Karnataka Urban Water Supply and Drainage Board. The nature of work assigned to the petitioners was regarding the maintenance of water supply in the city of Mysuru. The petitioners made a several representations along with the co-employees, requesting for regularization of their services. The requests of the petitioners were turned down by the Government vide common order dated 20.07.2023. The petitioners, along with co-employees, filed a writ petition in WP No.4534/2024 on 05.02.2024 for regularisation of their services. This Court, vide order dated 14.11.2024,
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disposed of the writ petition and set aside the impugned
order and directed the respondent-Authorities to take decision relating to the aspect of regularisation of service of the petitioners and co-employees within 3 months from the date of passing the order. Respondent No.4 issued show-causes notice dated 21.11.2024 to the petitioners imputing allegation that there was a misconduct and dereliction of duty on the part of the petitioners in not depositing the water bills collected from the consumers to the Mysuru City Corporation. On 26.11.2024, another show-cause notices were issued to the petitioners. The petitioners did not reply to the show-cause notices. Respondent No.1, without holding an enquiry and based on the formal enquiry conducted by respondent No.2, passed an order of dismissal dated 05.12.2024. The petitioners, aggrieved by the order of dismissal, filed these writ petitions.
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3. Heard the arguments of learned counsel for the petitioners and also the
learned counsel for the respondents
4.
Learned counsel for the petitioners submits that, the respondents, before passing an order of termination, did not hold an enquiry. Without holding an enquiry, an
order of termination passed by the respondents is in violation of the principles of natural justice. To buttress his argument, he has placed reliance on the judgment of the Hon'ble Apex Court in the case of Maneka Gandhi Vs. Union of India1. Hence, on this ground, he prays to allow the writ petitions.
5. Per contra, learned counsel for the respondents supported the impugned order and submits that, show- cause notices were issued to the petitioners, but the petitioners did not reply to the show-cause notices. Thus, the impugned order of termination passed by the
1 AIR 1978 SC 597
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respondents is in accordance with law. Hence, on these grounds, she prays to dismiss the writ petitions.
6. Perused the records and considered the
submissions of the learned counsel for the parties.
7. There is no dispute that the petitioners were working as Valvemen in the Vani Vilas Water Supply coming under the purview of the Karnataka Urban Water Supply and Drainage Board. The petitioners submitted representations for regularisation of their services. Their representation was rejected by the respondents. The petitioners and co-employees approached this court in WP No.4534/2024. This Court, vide
order dated 14.11.2024, allowed the writ petition and directed the respondent-Authorities to regularise the services of the petitioners therein, if they fulfill all the required criteria in terms of the exposition laid down by the Hon'ble Apex Court in the case of State of Karnataka Vs. Umadevi
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and Others2. The respondent-Authorities issued a show- cause notice to the petitioners alleging that there was misconduct and dereliction of duty on the part of the petitioners in not depositing the water bills collected from the consumers to the Mysuru City Corporation. The petitioners did not reply to the show-cause notices. The respondents, without appointing an Enquiry Officer and issuing the article of charges, has passed an order of termination. Further, no opportunity was provided to the petitioners to put forth their case. The order passed by the respondents is in violation of the principles of natural justice. The Hon'ble Apex Court in the case of Maneka Gandhi (supra) held that, the substantial and procedural laws and actions taken under them will have to pass the tests imposed by Article 14. The tests of reason and justice cannot be abstract. They cannot be divorced from the needs of nation. The tests have to be pragmatic, otherwise they would cease to be reasonable. The
2 (2006) 4 SCC 1
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procedure prescribed must be just, fair and reasonable. Even though there is no specific provision to be taken against an individual which affects the right of that individual, the duty to give a reasonable opportunity to be heard will be implied from the nature of the functions to be performed by the Authority. It is thereby conclusively held by the Hon'ble Apex Court that, the principles of natural justice are part of Article 14 and the procedures prescribed by law must be just, fair and reasonable. The power to terminate the service of the petitioners involves civil consequences and therefore, the procedure contemplated ought to have been followed. The nature and extent of adhering to the principles of natural justice depends upon the facts and circumstances.
But at the same time, it is also well accepted that, the principles of natural justice can be read into a provision, unless applicability of such principles of natural justice expressly or impliedly excluded. The Court cannot ignore the
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legislative mandatory requirement of giving a reasonable opportunity of being heard before an order is made. 8. Admittedly in the instant case, the respondents have neither appointed an Enquiry Officer, nor issued article of charges to the petitioners and no enquiries were held, no opportunities were provided to the petitioners to put forth their defence before the respondents. Thus, the impugned orders of termination are in violation of the principles of natural justice. Hence, on this ground itself, the impugned orders are liable to be set aside. 9. In view of the above discussion, I proceed to pass the following:
ORDER i. The writ petitions are allowed; ii. The impugned orders of termination dated 05.12.2024 passed by respondent No.1 are hereby set aside;
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iii. The respondents are at liberty to take appropriate action against the petitioners in accordance with law, if so advised; iv. Pending IAs, if any, are disposed of accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
PA CT:KHV List No.: 1 Sl No.: 43