- 1 - HC-KAR NC: 2026:KHC:19242 WP No. 1299 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1299 OF 2026 (S-RES) BETWEEN: SRI. N THIMMESH S/O T. NAGARAJAPPA, AGED ABOUT 33 YEARS, APPOINTED AS VILLAGE ASSISTANT (GRAMA SAHAYAKA), JANTIKOLALU REVENUE CIRCLE, KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT-577527 BENGALURU. …PETITIONER (BY SMT. CHAITRA PATTAR, ADVOCATE FOR SRI. VIJAYA RAGHAVA SARATHY H M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001. 2. DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA -577501 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19242 WP No. 1299 of 2026 3. THE TAHSILDAR HOSADURGA TALUK, CHITRADURGA DISTRICT-577527 …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED DISMISSAL ORDER NO. H.A.C.R 18/2010-2011 DATED 30.09.2025 ANNEXURE-A AND THE ENDORSEMENT ORDER NO. H.O.A CR/18/2010-11 DATED 02.12.2025 ANNEXURE-H ISSUED BY THE TAHSILDAR, HOSADURGA TALUK, AS ARBITRARY, ILLEGAL, AND VOID IN LAW., 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, the petitioner has sought for the following reliefs: “A. ISSUE an appropriate writ order or directions in the nature of certiorari quashing the impugned dismissal Order No. H.A.C.R 18/2010- 2011 dated 30.09.2025 Annexure-A and the Endorsement Order No. H.O.A:CR/18/2010-11 - 3 - HC-KAR NC: 2026:KHC:19242 WP No. 1299 of 2026 dated 02.12.2025 Annexure-H issued by the Tahsildar, Hosadurga Taluk, as arbitrary, illegal, and void in law; B. Direct the respondents to reinstate the petitioner to the post of Village Assistant, with continuity of service and consequential benefits such as arrears of salary and honorarium due to the petitioner from March 2025 till the date of reinstatement, together with admissible allowances in the interest of justice and equity; C. Grant such other reliefs as this Hon'ble Court deems fit in the interests of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that on 30.09.2025, the respondent No.3 proceeded to pass the impugned order purporting to dismiss the petitioner from service on the ground that the petitioner was guilty of misconduct for unauthorised absence from 12.02.2025 to 23.08.2025 intermittently. In pursuance of the aforesaid order, the petitioner submitted a representation to respondent No.2 at Annexure - F dated 13.10.2025 which came to be rejected by issuing the - 4 - HC-KAR NC: 2026:KHC:19242 WP No. 1299 of 2026 impugned endorsement reiterating that the petitioner was guilty of misconduct of unauthorised absence without offering any explanation and as such, the petitioner is before this Court by way of the present petition. 4. Learned counsel for the petitioner submits that the inability and omission on the part of the petitioner to work continuously during the relevant period was due to health issues and hospitalization and the same was an account of bonafide reasons, unavoidable circumstances and sufficient cause. Therefore, it is submitted that if one more opportunity is provided to the petitioner, the petitioner would appear before the respondent No.3 and substantiate his contention as regards his absence during the relevant period and respondent No.3 may be directed to conduct necessary enquiry and reconsider the matter afresh and in accordance with law. 5. Submission is placed on record. 6. In view of the aforesaid facts and circumstances and specific submission, contention of the petitioner that his inability and omission to remain present and go to work during the relevant - 5 - HC-KAR NC: 2026:KHC:19242 WP No. 1299 of 2026 was due to bonafide reasons, unavoidable circumstances and sufficient costs on health grounds and hospitalizations, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order at Annexure - A dated 30.09.2025 and the impugned endorsement at Annexure - H dated 02.12.2025 and remit the matter back to respondent No.3 for reconsideration afresh in accordance with law. ORDER (i) Petition is hereby allowed. (ii) The impugned dismissal order at Annexure - A dated 30.09.2025 and the endorsement Order at Annexure H dated 02.12.2025 issued by respondent No.3 is hereby set aside. (iii) Matter is remitted back to respondent No.3 for reconsideration afresh and in accordance with law. (iv) Petitioner shall appear before respondent No.3 on 27.04.2026 without awaiting further notice from respondent No.3. - 6 - HC-KAR NC: 2026:KHC:19242 WP No. 1299 of 2026 (v) Liberty is reserved in favour of the petitioner to submit fresh/new representation, pleading, documents etc., before respondent No.3, who shall provide sufficient and reasonable opportunity to the petitioner and conduct necessary enquiry and take appropriate decisions/pass appropriate orders in accordance with law within a period of two months from 27.04.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH List No.: 1 Sl No.: 18