- 1 - HC-KAR NC: 2026:KHC:27659 WP No. 29118 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 29118 OF 2024 (S-RES) BETWEEN: SRI. UDAY KUMAR D.S., S/O SHAMBULINGAPPA, AGED 45 YEARS, R/A DUNDALLI, SOMWARPETE TALUK, DUNDALLI, KODAGU, KARNATAKA – 571 235. WORKING AS DRIVER, MANGALORE UNIVERSITY, MANGALURU – 574 199. (CHALLENGING THE ORDER OF DISMISSAL) …PETITIONER (BY SRI. PRATEEK CHANDRAMOULI., ADVOCATE) AND: 1. VICE CHANCELLOR, MANGALURU UNIVERSITY, MUDIPU – KONAJE, MANGALAGANGOTRI, MANGALURU, KARNATAKA – 574 199. 2. THE REGISTRAR, MANGALORE UNIVERSITY, MUDIPU – KONAJE, MANGALAGANGOTRI, MANGALURU, KARNATAKA – 574 199. Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27659 WP No. 29118 of 2024 3. CHETHAN, AGED MAJOR, R/AT BATRABAILU, BANTWALA TALUK – 574 211, WORKING AS DRIVER, MANGALORE UNIVERSITY, MANGALAGANGOTRI, MANGALURU, KARNATAKA – 574 199. 4. LOKESH, AGED MAJOR, R/A UNIVERSITY (D) QUARTERS, 3RD BLOCK, MANGALA GANGOTRI, KONAJE – 574 199, WORKING AS DRIVER MANGALORE UNIVERSITY, MANGALAGANGOTRI, MANGALURU, KARNATAKA – 574 199. …RESPONDENTS (BY SRI.K.KARUNAKAR, ADVOCATE FOR R1 AND R2; R3 AND R4 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 20.08.2024 BEARING ORDER NO.MAVI/KUSA/SIBBANDI(E2)/46/2021 ASPER ANNX-A PASSED BY R-1 DISMISSING THE APPLICANT FROM SERVICE, AND FURTHER DIRECT THE REINSTATEMENT OF THE APPLICANT TO HIS POSITION AS DRIVER, WITH AN ORDER TO REGULARIZE HIS SERVICES IN THE SAME MANNER AS HIS OTHER COLLEAGUES AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:27659 WP No. 29118 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition challenging the impugned Order dated 20.08.2024 vide Annexure-A passed by respondent No.1 dismissing the petitioner from service. 2. Brief facts, leading rise to filing of this writ petition are as follows: The petitioner was engaged by the Mangalore University as a driver on a temporary basis vide order dated 07.11.2014, wherein it was stated that due to shortage of drivers at the University, the services of the drivers were required to be availed for a period of 6 months or until further orders. The services of the petitioner was extended from time to time vide order dated 07.06.2018 and enhanced the salary of Rs.21,300/- per month. The respondent-University - 4 - HC-KAR NC: 2026:KHC:27659 WP No. 29118 of 2024 without holding an enquiry against the petitioner, has passed an order of termination. Hence, this writ petition. 3. Despite granting sufficient opportunity, the respondent-University has not filed the statement of objections. 4. Heard the arguments of the learned counsel for the petitioner and learned counsel for the respondent-University. 5. Learned counsel for the petitioner submits that the impugned order passed by the respondent- University is in violation of principles of natural justice. He submits that the petitioner is working since from 2014 till passing an order of termination. To buttress his arguments, he has placed reliance on the judgment of the Hon'ble Apex Court in the case of - 5 - HC-KAR NC: 2026:KHC:27659 WP No. 29118 of 2024 SMT. MANEKA GANDHI VS. UNION OF INDIA AND ANOTHER reported in AIR 1978 SC 597. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned counsel for the respondent-University submits that the petitioner was employed on a temporary basis. Hence, the question of holding an enquiry against the petitioner would not arise and the respondents have rightly terminated the petitioner from service. Hence, on this ground, he prays to dismiss the writ petition. 7. Perused the records and considered the submissions of the learned counsel to the parties. 8. It is an undisputed fact that the petitioner was appointed as a driver on a temporary basis vide order dated 07.11.2014 and the services of the petitioner was extended from time to time and lastly, - 6 - HC-KAR NC: 2026:KHC:27659 WP No. 29118 of 2024 it was extended vide order dated 07.06.2018, and the salary of the petitioner was enhanced to Rs.21,300/- per month. The respondents without holding an enquiry has passed an order of termination. Thus, the order of termination passed by the respondent is in violation of principles of natural justice. 9. The Hon'ble Apex Court in the case of SMT. MANEKA GANDHI (supra) has held in para 59, which reads thus: “We may commence the discussion of this question with a few general observations to emphasise the increasing importance of natural justice in the field of administrative law. Natural justice is a great humanising principle intended to invest law with' fairness and to secure justice and over the years it has grown into a widely pervasive rule affecting large areas of administrative action.” - 7 - HC-KAR NC: 2026:KHC:27659 WP No. 29118 of 2024 10. Admittedly, the impugned order passed by the respondent-University is in violation of principles of natural justice. Hence, on this ground, alone the impugned order is liable to be quashed. 11. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 20.08.2024 vide Annexure-A is hereby by quashed. iii. The respondents are directed to reinstate the petitioner with all consequential benefits. iv. The liberty is reserved to the respondents to initiate the proceedings if necessary against the petitioner in accordance with law. - 8 - HC-KAR NC: 2026:KHC:27659 WP No. 29118 of 2024 v. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB