- 1 - HC-KAR NC: 2026:KHC:3937-DB WP No. 1549 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 1549 OF 2026 (S-KSAT) BETWEEN: SHRI LOKESH NAYAKA M S S/O SIDDALINGAPPA WORKING AS ASSISTANT JAILER AGED ABOUT 50 YEARS CENTRAL PRISON, BENGALURU-560 100 R/AT NO.3, 6TH CROSS, 14TH MAIN, G.K. LAYOUT, HOSA ROAD, BENGALURU-560100. …PETITIONER (BY SRI. VIJAYA KUMAR, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU-560 001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SHESHADRI ROAD BENGALURU-560 009. …RESPONDENTS (BY SRI.VIKAS ROJIPURA, AGA) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT THE FOLLOWING RELIEFS; I) SET ASIDE THE ORDER DATED 08/05/2025 PASSED BY Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3937-DB WP No. 1549 of 2026 THE TRIBUNAL IN APPLICATION NO.4989/2024 (VIDE ANNEXURE-A) AND ALLOW THE APPLICATION AS PRAYED FOR AND II) PASS SUCH OTHER ORDER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, aggrieved by order dated 08.05.2025 in Application No.4989/2024 on the file of Karnataka State Administrative Tribunal, Bengaluru, (for short “Tribunal”) wherein his prayer to direct respondent Nos. 1 and 2 to consider the representation dated 18.09.2024 for promotion from the post of Assistant Jailor to Jailor is rejected. 2. Heard Sri. Vijaya Kumar Bhajantri through video conferencing and learned AGA Sri. Vikas Rojipura for respondent Nos. 1 and 2. Perused the entire writ petition papers. - 3 - HC-KAR NC: 2026:KHC:3937-DB WP No. 1549 of 2026 3. Sri. Vijaya Kumar Bhajantri, learned counsel for the petitioner submits that the Tribunal committed an error in refusing to issue a direction to the respondents to consider the representation of the petitioner wherein he has requested to consider his case for promotion from the post of Assistant Jailor to the Jailor. He submits that his senior was promoted as Jailor on 11.09.2024 and he made representation to forego promotion on 17.09.2024, which was accepted on 27.09.2024. As the vacancy arose on 27.09.2024, the case of the petitioner ought to have been considered for promotion to the next higher cadre of Jailor. It is further submitted that the Articles of Charge dated 18.09.2024 was issued 29.09.2024. Therefore, he submits that if his case were to be considered as on the date his senior had foregone promotion he could have been eligible for promotion. Thus, learned counsel prays for a direction to consider his case for promotion to next higher cadre of Jailor as on the date his senior has foregone promotion. - 4 - HC-KAR NC: 2026:KHC:3937-DB WP No. 1549 of 2026 4. On the other hand, learned AGA would contend that as on the date of the his senior was promoted as Jailor on 11.09.2024, the petitioner was not eligible for promotion and submits that the petitioner’s case for promotion was considered in the Departmental Promotion Committee (DPC) meeting held on 01.03.2025 and the case of the petitioner was put in sealed cover since Articles of Charge dated 18.09.2024 was issued to the petitioner on 25.09.2024. Thus, learned counsel would support the order passed by the Tribunal and prays for rejection of the writ petition. 5. Having heard the learned counsel for the parties and having perused the entire writ petition papsrs, we are of the considered view that petitioner has not made out any ground to interfere with the order passed by the Tribunal, for the following reasons: The petitioner himself states that his senior was promoted as Jailor on 11.09.2024 and he made a - 5 - HC-KAR NC: 2026:KHC:3937-DB WP No. 1549 of 2026 representation on 17.09.2024 to forego the promotion. The said representation was accepted by the respondent – Authorities on 27.09.2024. By the time, the request of the senior of the petitioner to forego promotion was accepted. Articles of Charge dated 18.09.2024 was issued to the petitioner on 25.09.2024. In the subsequent DPC for promotion to the post of Jailor was held on 01.03.2025. As on the date of DPC, departmental enquiry by issuance of Articles of Charge dated 18.09.2024 was pending against the petitioner. In terms of Official Memorandum dated 14.07.1993, the writ petitioner would not be eligible for promotion and in terms of the said Official Memorandum, the petitioner’s case shall have to be put in sealed cover till the completion of departmental enquiry. The Official Memorandum dated 14.07.1993 reads as follows: “GOVERNMENT OF KARNATAKA No.DPAR 22 SRR 93 Karnataka Goverriment Secretariat, Vidhana Soudha, Bangalore, Dated: 14 July, 1993. - 6 - HC-KAR NC: 2026:KHC:3937-DB WP No. 1549 of 2026 OFFICIAL MEMORANDUM Sub: Departmental Promotion committee in respect of promotions to State Services on the basis of seniority- can-merit-Procedure when a Departmental Enquiry/Court Proceedings is pending Ref: O M.No DPAR S SRC 84, dated:9.10.1985. The instructions issued in para-7 of the Official Memorandum dated 09-10-1985 referred to above have been further examined and the following instructions are issued in its place: 2 Where a departmental enquiry or court proceeding is pending, the following course of action shall be taken: 3. The Departmental Promotion Committee (DPC) shall' assess the suitability of the officer official for promotion without taking into consideration the disciplinary proceedings/court proceedings pending against the officer/official. The assessment on the basis of records, the view of the DPC shall be kept in a sealed cover. In the subsequent DPCs also, if any, during the period of disciplinary/court proceedings, the DPC shall consider the officer's/official's case and record its findings which will again be kept in a sealed cover in the above manner. 4. On the conclusion of the disciplinary/court proceedings and in case the officer/official is exonerated, the sealed cover or covers may be opened at the earliest possible date of promotion but for the pendency of the disciplinary/court proceedings against him/her, may be determined with reference to the position(s) assigned to him/her in the findings in the sealed cover/covers with reference to date of promotion of his/her junior on the basis of such position. The officer/official concerned may then be promoted in accordance with rules if necessary by reverting the junior most officiating person. 5. If any penalty is imposed on the officer/official as a result of the disciplinary proceedings or if he is found guilty in the court proceedings, the findings in the sealed cover/covers shall not be acted upon. The officer's/official's case for promotion may be considered in the usual manner by the next DPC which needs in the normal course after conclusion of the disciplinary/court proceedings. - 7 - HC-KAR NC: 2026:KHC:3937-DB WP No. 1549 of 2026 6. The sealed cover procedure contemplated herein above, shall be adopted only after the date of issuance of Charge Memo/Charge Sheet, that being the date from which the disciplinary proceedings can be taken to have been initiated. 7. The same procedure as detailed above shall be followed where an officer/official is placed under suspension. On his reinstatement in service at any stage of the enquiry the procedure as explained in para-3 of this OM, shall be followed and on conclusion of the enquiry the procedure as indicated in paragraph-4 and 5 shall be followed.” For the reasons recorded above, there is no merit in this writ petition and accordingly the same stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE BSV CT:bms List No.: 2 Sl No.: 5