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2026 DAILYLAW 51913 (KAR)

SRI PRAVEEN KUMAR B M v. THE PRINCIPAL SECRETARY TO GOVERNMENT

WP/38433/2025 · 2026-02-03

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6218 WP No. 38433 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. 38433 OF 2025 (S-RES) BETWEEN: SRI PRAVEEN KUMAR B M S/O MAHESHWARAPPA AGED ABOUT 42 YEARS PROJECT DIRECTOR DISTRICT CHILD LABOUR PROJECT SOCIETY CHIKKAMAGALURU RES OF: GOWDARAMANE BANDIKOPPALU VILLAGE DODDAPATTANAGERE POST, KADUR TALUK CHIKKAMAGALURU DISTRICT-577548. …PETITIONER (BY SRI. GOVINDARAJ K., ADVOCATE) AND: 1. PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF LABOUR AND PRESIDENT KARNATAKA STATE CHILD LABOUR (ABOLITION) PROJECT SOCIETY VIKASA SOUDHA, BENGALURU-560001. 2. LABOUR COMMISSIONER AND VICE-PRESIDENT KARNATAKA STATE CHILD LABOUR (ABOLITION) PROJECT SOCIETY LABOUR DEPARTMENT KARMIKA BHAVANA Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6218 WP No. 38433 of 2025 BANNERGHATTA ROAD NEAR DAIRY CIRCLE BENGALURU-560029. 3. DEPUTY COMMISSIONER AND PRESIDENT DISTRICT CHILD LABOUR PROJECT SOCIETY BEHIND S.P. OFFICE CHIKKAMAGALURU CITY-577101. 4. ASSISTANT LABOUR COMMISSIONER CHIKKAMAGALURU DIVISION AND MEMBER SECRETARY DISTRICT CHILD LABOUR PROJECT SOCIETY KARMIKA BHAVANA, NEAR RTO OFFICE JYOTHINAGAR POST CHIKKAMAGALURU-577102. 5. LABOUR OFFICER CHIKKAMAGALURU SUB DIVISION AND MEMBER DISTRICT LEVEL EXECUTIVE COMMITTEE DISTRICT CHILD PROJECT SOCIETY KARMIKA BHAVANA, NEAR RTO OFFICE JYOTHINAGAR POST, CHIKKAMAGALURU-577102. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N, HCGP. FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER IN NO.G.BA.KA.YO.SO.CHI/C.R-36/2025-26 PASSED BY R-3 DATED: 15.12.2025 AS PER ANNEXURE-N 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 - 3 - HC-KAR NC: 2026:KHC:6218 WP No. 38433 of 2025 ORAL ORDER 1. In this writ petition, the petitioner has called in question the order dated 15.12.2025 passed by respondent No.3 vide Annexure-N, whereby petitioner has been terminated from service. 2. The case of the petitioner is that he was appointed as a Project Director in District Child Labour Project Society Chikkamagaluru, on 18.10.2011 as per Annexure F. When he was working in Chikkamagaluru, he has been terminated from service on the ground of dereliction of duty. 3. The specific contention of the petitioner is that the impugned order dated 15.12.2025 passed by respondent No.3 is without conducting any enquiry and without issuing any notice to the petitioner and the same is in violation of principles of natural justice. 4. Learned Additional Government Advocate submits that the petitioner’s appointment was on honorarium basis - 4 - HC-KAR NC: 2026:KHC:6218 WP No. 38433 of 2025 under a contract, and that he was an outsourced employee. Therefore, according to the learned AGA, the petitioner cannot claim any right of opportunity before termination of service. 5. Be that as it may, it is very clear that the impugned order has been passed without giving any notice to the petitioner. The order cannot be treated as a termination simpliciter, inasmuch as serious allegations have been levelled against the petitioner. When such allegations are made, termination without affording an opportunity of hearing is violation of right guaranteed to the petitioner under Article 14 of the Constitution of India. On this ground alone, the writ petition deserves to be allowed. 6. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. - 5 - HC-KAR NC: 2026:KHC:6218 WP No. 38433 of 2025 b) The impugned order dated 15.12.2025 passed by respondent No.3 vide Annexure-N is quashed. c) Liberty is reserved to the respondents to take action against the petitioner in accordance with law. d) Respondents are directed to reinstate the petitioner to the post of Project Director. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 63