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2026 DAILYLAW 11038 (KAR)

SMT. VENKUBAI KHAJJIDONI v. THE CHIEF EXECUTIVE OFFICER

WP/22316/2025 · 2026-03-25

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17051 WP No. 22316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 22316 OF 2025 (S-DIS) BETWEEN: SMT. VENKUBAI KHAJJIDONI W/O. MADHUKAR K., AGED ABOUT 35 YEARS, R/O.SREERAMA ROAD, AJJAMPURA TOWN – 577 547 CHIKKAMAGALURU DIST. …PETITIONER (BY SRI. ONKARA K. B., ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, CHIKKAMAGALURU DISTRICT – 577 101 2. INVENSIS TECHNOLOGIES PVT., LTD., REP. BY ITS SR. MANAGER BUSINESS ACQUISITION HAVING ITS REG. OFFICE AT NO.1321, SARAKKI EXTENSION, 15TH CROSS, 100 FEET RING ROAD, J.P.NAGAR, 2ND PHASE, MARENAHALLI, BENGALURU – 560 078. REGISTERED UNDER THE COMPANIES ACT, 2013 …RESPONDENTS (BY SRI. ASHOK N. NAYAK, ADVOCATE FOR R1; VIDE ORDER DATED 23.03.2026 NOTICE TO R2 IS HELD SUFFICIENT) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED DATED 27-05-2025 BEARING LATTER NO. 18885 ZP-CKM-12014(16)115/2021 DEVELOPMENT ISSUED BY Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17051 WP No. 22316 of 2025 THE 2ND RESPONDENT TERMINATING THE SERVICE OF THE PETITIONER AS PER ANNEXURE A AND TO SET ASIDE THE RECOMMENDATION LATTER DATED 27-05-2025 BEARING FILE NO. 18885 ZP-CKM-12014(16)115/2021 DEVELOPMENT ISSUED BY THE 1ST RESPONDENT RECOMMENDING THE TERMINATION OF THE PETITIONER WITHOUT ISSUING ANY NOTICE TO HER AS PER ANNEXURE B IN THE INTEREST OF JUSTICE AND EQUITY, AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “(i) Issue an appropriate Writ, Order of Direction in the nature of Certiorari quashing the Impugned dated 27.05.2025 bearing Letter No.18885 ZP-CKM- 12014(16)115/2021 DEVELOPMENT issued by the 2nd Respondent terminating the service of the petitioner as per ANNEXURE – A and to set aside the Recommendation Letter dated 27.05.2025 bearing File No.18885 ZP-CKM-12014(16)115/2021 DEVELOPMENT issued by the 1st Respondent recommending the termination of the petitioner without issuing any notice to her as per ANNEXURE – B in the interest of justice and equity; and (ii) Issue an appropriate Writ, Order of Direction in the nature of Mandamus directing the respondent to consider the Representation dated 28.05.2025 as per ANNEXURE – M submitted by the petitioner directing - 3 - HC-KAR NC: 2026:KHC:17051 WP No. 22316 of 2025 the respondents to REINSTATE the petitioner as Technical Assistant to wort in MGNREGA programs at Ajjampura taluk, Chikkamagaluru district and to direct the respondents to pay the arrears of salary (back wages) to the petitioner along with all consequential reliefs in the interest of justice and equity. (iii) Issue any other writ, order or direction and grant such other and further reliefs as this Hon’ble Court deems fit and proper under the circumstances of this case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. Service of notice to respondent No.2 has been held to be sufficient vide order dated 23.03.2026. 3. A perusal of the material on record will indicate that the petitioner was appointed as a Technical Assistant to work under the respondent No.1 – Panchayath from 2014 onwards and in the year 2022, the petitioner was posted to work as a Technical Assistant in MGNREGA programs at Ajjampura Taluk, Chikkamagaluru District by respondent No.1. On the basis of a complaint said to have been lodged by one Mallikarjuna N.S, FIR in Crime No.4/2025, is pending investigation. - 4 - HC-KAR NC: 2026:KHC:17051 WP No. 22316 of 2025 4. Learned counsel for the petitioner submits that a charge sheet in pursuance of the said complaint has not been filed even till today. In the meanwhile, vide communication at Annexure- B dated 27.05.2025, respondent No.1 informed respondent No.2 to take back the petitioner from services of respondent No.1. In pursuance of the said communication at Annexure-B dated 27.05.2025, the respondent No.2 has proceeded to terminate the petitioner from the services on the basis of the said letter at Annexure - A dated 27.05.2025, which is assailed in the present petition. 5. Learned counsel for the petitioner submits that the impugned communication at Annexure-A, purporting to terminate the petitioner from services issued on the basis of a communication at Annexure - B dated 27.05.2025, which was in turn preceded by a Lokayukta case registered against the petitioner has been issued without conducting any enquiry as against the petitioner, thereby violating principles of natural justice. 6. It is also submitted on instructions that pursuant to the aforesaid FIR in Crime No.4/2025, no charge sheet has been filed against the petitioner and as such, neither the said Lokayuktha - 5 - HC-KAR NC: 2026:KHC:17051 WP No. 22316 of 2025 case nor the communication at Annexure- B could have been made the basis by respondent No.2 to terminate the services of the petitioner and as such, the impugned communication at Annexure-A deserves to be quashed. 7. Per contra, learned counsel for respondent No.1 submits that they issued communication at Annexure-B to the respondent No.2 based on a letter issued by the CEO referring to the Lokayukta case. 8. In this context, it is pertinent to note that before passing the impugned order/issuing the impugned communication at Annexure- A, the respondent No.2 did not conduct any enquiry as against the petitioner nor hear him or provide any opportunity to the petitioner thereby violating principles of natural justice. The submission made on behalf of the petitioner that pursuant to the Lokayukta case in FIR and Crime No.4/2025, no charge sheet has been filed even till today, is placed on record. 9. Under these circumstances, I am of the view that the impugned order at Annexure-A deserves to be quashed. In the result, I pass the following: - 6 - HC-KAR NC: 2026:KHC:17051 WP No. 22316 of 2025 ORDER i) The petition is hereby allowed. ii) The impugned Communication dated 27.05.2025 at Annexure-A is hereby quashed. iii) The respondent No.2 is directed to reinstate the petitioner into services immediately upon receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 5