- 1 - HC-KAR NC: 2025:KHC-K:7721-DB RP No. 200037 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 12TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE G BASAVARAJA REVIEW PETITION NO.200037 OF 2025 BETWEEN: SHRI N. H. NAGUR, S/O. HANUMANTHARAYA, AGE: 57 YEARS, DEPUTY DIRECTOR (ADMN), DEPARTMENT OF SCHOOL EDUCATION, VIJAYAPURA-586101. …PETITIONER (BY SRI. HULEPPA HEROOR, ADVOCATE) (APPEARED THROUGH V.C.) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M. S. BUILDING, BENGALURU-560001. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7721-DB RP No. 200037 of 2025 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, K. R. CIRCLE, BENGALURU-560001. 3. THE ADDITIONAL COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, RODDA ROAD, DHARWAD-500008. 4. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, VIJAYAPURA, DISTRICT: VIJAYAPURA-586101. …RESPONDENTS (BY SMT. MAYA T. RAJANNA, HCGP FOR R1 TO R3) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF THE C.P.C., PRAYING TO REVIEW THE IMPUGNED ORDER DATED 19.12.2024 PASSED BY THIS HON’BLE COURT IN WRIT PETITION NO.203594 OF 2024 (S-KAT) BY DIRECTING THE RESPONDENT/AUTHORITIES TO TRANSFER THE CO-ACCUSED SMT. UMADEVI SONNAD ALSO OUTSIDE VIJAYAPURA DISTRICT AS THAT OF THIS PETITIONER AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R.DEVDAS AND HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC-K:7721-DB RP No. 200037 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE R.DEVDAS) This review petition is filed by the original writ petitioner seeking to review our order dated 19.12.2024 passed in W.P.No.203594/2024. 2. Learned counsel for the petitioner submits that the writ petition was filed raising a challenge to the impugned order dated 22.11.2024 whereby the writ petitioner was placed under suspension. However, during the course of the writ proceedings, by order dated 12.12.2024, we had directed the learned Government Advocate to secure instruction as to why the delinquent employee Smt.Umadevi Sonnad has not been placed under suspension when similar allegation and charges are levelled against her and she was permitted to work. On the day when the matter was disposed of, learned Government Advocate submitted that departmental enquiry is initiated against Smt.Umadevi Sonnad also along with the petitioner. However, after taking back the - 4 - HC-KAR NC: 2025:KHC-K:7721-DB RP No. 200037 of 2025 additional charge given to Smt.Umadevi Sonnad, it was submitted that she was working at Bidar and not at the place where the incident had occurred, and therefore, she was not placed under suspension. Recording the said submission, we were of the opinion that the petitioner also can be transferred from Vijayapura where the incident had occurred so that it would satisfy the requirement of law regarding suspension and transfer. Now, after filing the review petition, it is submitted that the statement made by the learned Government Advocate that Smt.Umadevi Sonnad was working at Bidar was not the correct fact. In order to drive home the said fact, attention of this court is drawn to Annexure-P which is a notice issued by Smt.Umadevi Sonnad acting as a Presenting Officer holding the position of Deputy Director (Development) at Vijayapura. Learned counsel submits that Smt.Umadevi Sonnad continues to work in Vijayapura as the Principal, District Education and Training Centre (DIET), Vijayapura. Learned counsel would therefore submit that misleading - 5 - HC-KAR NC: 2025:KHC-K:7721-DB RP No. 200037 of 2025 statement was made before this court and this court was tricked into passing the impugned order based on the submission made by the learned Government Advocate. 3. Learned HCGP appearing on behalf of the respondents submits that the statement made by the learned Government Advocate at that point of time was not with proper instructions. It is submitted that in terms of the transfer guidelines, if a person working in an executive post and there was a need to suspend or transfer such an officer, the option is available for the government to transfer such person to a non-executive post and accordingly, Smt.Umadevi Sonnad was posted to a non-executive post at Vijayapura. 4. In our considered opinion, the review petitioner has made out a case for review of the order passed by us. Based on a statement made by the learned Government Advocate, if the court was mislead, and an order was passed, the matter would require reconsideration. - 6 - HC-KAR NC: 2025:KHC-K:7721-DB RP No. 200037 of 2025 5. In that view of the matter, we proceed to pass the following: ORDER i) The review petition is allowed. ii) The order dated 19.12.2024 passed in W.P.No.203594/2024 is recalled. The writ petition is restored to its original file. iii) The writ petition may be placed before the Bench having the roster for re-consideration. Sd/- (R.DEVDAS) JUDGE Sd/- (G BASAVARAJA) JUDGE MBS /CT-AN List No.: 19 Sl No.: 1