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2026 DAILYLAW 50757 (KAR)

SRI. P UMESH v. THE STATE OF KARNATAKA

WP/32065/2025 · 2026-02-03

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6215 WP No. 32065 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 32065 OF 2025 (S-DIS) BETWEEN: SRI. P UMESH S/O PANDAPPA AGED ABOUT 45 YEARS WORKING AS GRAMASHAYAKA CHITRADUGA DISTRICT CHITRADURGA-577201 …PETITIONER (BY SRI. VIJAYA KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER CHITRADUGA DISTRICT CHITRADURGA-577 501. 3. THE ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION CHITRADURGA DISTRICT-577501. 4. THE TAHSILDAR CHITRADURGA TALUK CHITRADURGA DISTRICT-577 501 …RESPONDENTS (BY SMT. ANITHA., AGA FOR RESPONDENTS) Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6215 WP No. 32065 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE IMPUGNED DISMISSAL ORDER BEARING NO: HOACR/6/2024-25 DATED: 29 NOVEMBER 2024, AND AFTER PERUSAL OF THE SAME, SET ASIDE THE IMPUGNED ORDER DATED 29.11.2024 BEARING NO. HOACR/6/2024-25 VIDE (ANNEXURE-J) PASSED BY THE 4TH RESPONDENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the order dated 29.11.2024 passed by respondent No.4 vide Annexure-J, whereby the petitioner has been terminated from service. 2. The petitioner was appointed as a Grama Sahayaka on 18.04.2000 vide Annexure-A. While the petitioner was working at Pandarahalli Grama Panchayath, Chitradurga District, on certain allegations, he was terminated from service by the order at Annexure-J. 3. The learned counsel appearing for the petitioner submits that the respondent, by the impugned order vide - 3 - HC-KAR NC: 2026:KHC:6215 WP No. 32065 of 2025 Annexure-J, terminated the petitioner by making serious allegations and without conducting any enquiry. It is further contended that the impugned order has been passed in violation of the principles of natural justice. The learned counsel has also relied upon the order dated 06.03.2024 passed by this Court in W.P. No.102334/2021, wherein, under similar circumstances, this Court has quashed the termination order. 4. By the impugned order vide Annexure-J, the petitioner has been terminated on the basis of serious allegations. When such allegations are made, the respondents ought to have afforded an opportunity of hearing to the petitioner. Further, as per the Circular dated 04.02.2010, the competent authority, before passing an order of termination, is required to obtain approval of the higher authority. Admittedly, the fourth respondent has not obtained any such approval. On this ground also, the writ petition deserves to be allowed. - 4 - HC-KAR NC: 2026:KHC:6215 WP No. 32065 of 2025 5. Accordingly, the following order: (i) The writ petition is allowed. (ii) The order dated 29.11.2024 passed by the fourth respondent vide Annexure-J is quashed reserving liberty to the respondents to conduct an enquiry afresh, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 57