- 1 - HC-KAR CNR: KAHC010407042026 NC: 2026:KHC:36883 WP No. 18480 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18480 OF 2026 (GM-RES) BETWEEN: RAMESH NAIK. L S/O LATE LAKSHMAN NAIK.R AGED ABOUT 44 YEARS, RESIDING AT KADARANAHALLI THANDYA, URDIGERE HOBLI, TUMKUR TALUK AND DISTRICT-572140. ADVOCATE BY PROFESSION AND AGRICULTURIST. MEMBER, JUVENILE JUSTICE BOARD (JJB), TUMKUR DISTRICT. AADHAAR 755392714477 MOBILE 9538631572 E-MAIL IRAMNAIK@GMAIL.COM TWITTER(X) RAMESHNAIKL_TUM …PETITIONER (BY SRI. RAMESH NAIK .L., PARTY-IN-PERSON) AND: 1. STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT AND EMPOWERMENT OF DIFFERENTLY ABLED AND SENIOR CITIZENS. GOVERNMENT OF KARNATAKA. GATE NO.3, 1ST FLOOR, M.S.BUILDING, DR.B.R. AMBEDKAR VEEDHI, BANGALORE-560 001. PHONE 080-22353991/080-2235 3992/080-2203 2931 E-MAIL PRLSECY-WC@KARNATAKA.GOV.IN, US2.WCD@GMAIL.COM DS-WCD@KARNATAKA.GOV.IN, US1-WCD@KARNATAKA.GOV.IN Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010407042026 NC: 2026:KHC:36883 WP No. 18480 of 2026 2. PRINCIPAL MAGISTRATE REP BY OFFICE SUPERVISOR COURT OF JUVENILE JUSTICE BOARD (JJB), TUMKUR DISTRICT. AMARA JYOTHINAGAR, BESIDE SAIBABA TEMPLE, KUNIGAL RAOD, TUMKUR-572105 …RESPONDENTS (BY SRI. SHAMANTH NAIK., AGA FOR R1; SMT. B.V. VIDYULATHA., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED SUSPENSION ORDER DATED 27.05.2026 (ANNX-A) STATED TO HAVE BEEN PASSED ARBITRARILY UNILATERALLY, WITHOUT A NOTICE OR TO THE KNOWLEDGE OF THE PETITIONER BY THE R1 WHICH WAS COMMUNICATED TO THE PETITIONER HEREIN THROUGH WHATS APP ON 01.06.2026 BY THE OFFICE OF THE R2 PRL. MAGISTRATE COURT OF HONBLE JUVENILE JUSTICE BOARD(JJB) TUMAKURU DISTRICT AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of Certiorari to quash impugned suspension order dated 27.05.2026 (Annexure-A) stated to have been passed, arbitrarily, unilaterally, without a notice or to the knowledge of the petitioner, by the Respondent No.1 which was communicated to the petitioner herein through Whatsapp on 01.06.2026 by the office of the Respondent No.2- Prinicpal Magistrate, Court of Hon’ble Juvenile Justice Board (JJB), Tumkur District. b) Consequently direct the Respondent No.2 to allow the Petitioner herein to continue to discharge his - 3 - HC-KAR CNR: KAHC010407042026 NC: 2026:KHC:36883 WP No. 18480 of 2026 Judicial function as a member of the Court of Hon’ble Juvenile Justice Board (JJB), Tumkur District as it used to be. c) Pass such other order or orders as this Hon’ble High Court deems fit to grant in the facts and circumstances of the case, so as to meet the ends of justice and equity. 2. Though various averments have been made and arguments advanced by the petitioner – party-in- person, essentially what has been challenged is the suspension order dated 27.05.2026 at Annexure-A, by virtue of which the petitioner has been suspended as a member of the Juvenile Justice Board for Tumkur District. 3. The submission of the petitioner – party-in-person is that without complying with the principles of natural justice, the petitioner has been suspended and as such, the said order is required to be set aside. 4. Learned AGA relies on Rule 5 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 and more particularly sub-Rule (7) thereof which is reproduced hereunder for easy reference: (7) If a criminal case is registered against the member concerned, if necessary the State Government may suspend the member immediately pending inquiry, for such term as - 4 - HC-KAR CNR: KAHC010407042026 NC: 2026:KHC:36883 WP No. 18480 of 2026 appropriate; or after holding an inquiry and giving an opportunity of being heard in the matter. 5. By referring to sub-Rule (7) of Rule 5, his submission is that if a criminal case is registered against the member, if necessary, the State Government may suspend the member immediately pending enquiry for such term as appropriate. His submission is that a criminal case having been registered against the petitioner in Crime No.79/2026 and there being serious allegations which had been made against the petitioner, the State Government was of the opinion that pending enquiry, the petitioner is required to be suspended from membership of the JJ Committee. 6. Heard the petitioner – party-in-person and learned AGA for the respondents and perused papers. 7. Rule 5 is reproduced hereunder for easy reference: 5. Term of Members of the Board.-(1) The term of the social worker member of the Board shall not be more than for a period of three years from the date of appointment. (2) A social worker member of the Board shall be eligible for appointment of maximum of two terms. (3) The members may resign at any time, by giving one month's notice in writing to the State Government. - 5 - HC-KAR CNR: KAHC010407042026 NC: 2026:KHC:36883 WP No. 18480 of 2026 (4) Any vacancy in the Board shall be filled by appointment of another person from the panel of names prepared by the Selection Committee. (5) If any complaint is made against a member of the Board, the State Government shall hold necessary inquiry except in respect of judicial officers; complaints against judicial officers shall be forwarded to the Registrar of the High Court for action. (6) The State Government shall complete the inquiry within a period of two months and take appropriate action within one month. (7) If a criminal case is registered against the member concerned, if necessary the State Government may suspend the member immediately pending inquiry, for such term as appropriate; or after holding an inquiry and giving an opportunity of being heard in the matter. 8. In terms of sub-Rule (5) of Rule 5, if a complaint is made against a member of the Board, the State Government shall hold necessary enquiry except in respect of Judicial Officer. Complaint against Judicial Officer shall be forwarded to the Registrar of the High Court for action. Thus, when a complaint is filed, there is a requirement for the State Government to hold an enquiry, which enquiry is required to be completed within a period of 2 months in terms of sub-Rule (6) of Rule 5. - 6 - HC-KAR CNR: KAHC010407042026 NC: 2026:KHC:36883 WP No. 18480 of 2026 9. Sub Rule (7) speaks of when a criminal case is registered against the member concerned, then there is an immediate suspension which could be made by the State Government. In other cases, suspension could be made after holding an enquiry and giving an opportunity of being heard in the matter. 10. Insofar as registration of a criminal case is concerned, there is no requirement for providing an opportunity of being heard, nor are the principles of natural justice required to be complied with. Since a criminal case being registered against the member concerned, the State Government may suspend a member immediately pending enquiry. 11. In that view of the matter, I am of the considered opinion that the suspension made by the State Government on registration of a criminal case in Crime No.79/2026 cannot be found fault with. However, the enquiry needs to be completed expeditiously. 12. The period contemplated under sub-Rule (6) is as regards a complaint filed against the member of the Board. Even though the suspension has occurred under sub-Rule (7) of Rule 5, it was but required for - 7 - HC-KAR CNR: KAHC010407042026 NC: 2026:KHC:36883 WP No. 18480 of 2026 the respondents to have acted with alacrity and completed the enquiry. 13. The submission of Learned AGA is that enquiry is under progress. Directing the respondents to complete the enquiry within a period of 1 month from today, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 74