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CDJ 2026 Kar HC 358
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| Court : High Court of Karnataka (Circuit Bench OF Kalaburagi) |
| Case No : Writ Petition No. 200837 Of 2026 (S-DIS) |
| Judges: THE HONOURABLE MR. JUSTICE S. VISHWAJITH SHETTY |
| Parties : Arunkumar Mariyappa Chalawadi Versus The State Of Karnataka, Represented By Its Principal Secretary, Department Of Rural Development & Panchayat Raj, Bengaluru & Others |
| Appearing Advocates : For the Petitioner: R.K. Bhagyashree, Advocate. For the Respondents: R1 & R2, Veeranagouda M. Biradar, AGA, R3 to R5, Ratna N. Shivayogimath, Advocate. |
| Date of Judgment : 26-03-2026 |
| Head Note :- |
Constitution of India - Articles 226 & 227 -
Comparative Citation:
2026 KHC-K 2719,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- None
2. Catch Words:
- Certiorari
- Reinstatement
- Enquiry
- Service termination
3. Summary:
The petitioner, a Bill Collector in Gram Panchayat, Vijayapura, was terminated on 09.01.2026 for alleged misappropriation of Rs.13,45,905 without an enquiry. He filed a writ petition under Articles 226 and 227 seeking quashing of the termination order, reinstatement, and related reliefs. The petitioner argued that the termination was illegal as no inquiry was held despite his reply to the show‑cause notice. The respondents conceded the procedural lapse and suggested remitting the matter for an enquiry. The Court examined the submissions, noted the violation of principles of natural justice, and ordered the impugned termination order set aside. The petitioner was directed to be reinstated forthwith, and the respondent was permitted to conduct a proper enquiry before taking any further action.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to, a) issue a writ in the Nature of Certiorari by quashing the impugned order Bearing No. Grapuma/ Sibandhi/Vaja/ 2025-26 dated 09.01.2026 vide Annexure-F issued by the 5th Respondent b) direct the respondents to reinstate the petitioner into service with all consequential benefits c) pass such other orders as this Honourable Court deems fit in the facts and circumstances of the case.)
Oral Order
1. This writ petition under Articles 226 and 227 of the Constitution of India is filed seeking the following reliefs:
"a) Issue a writ in the nature of certiorari by quashing the impugned order bearing No. GRAPUMA/ SIBANDHI/ VAJA/ 2025-26 dated 09.01.2026 vide Annexure-F issued by the 5th respondent.
b) Direct the respondents to reinstate the petitioner into service with all consequential benefits.
c) Pass such other orders as this Honourable Court deems fit in the facts and circumstances of the case."
2. Heard the learned counsel for the parties.
3. Petitioner was appointed as a Bill Collector in Gram Panchayath, Vijayapura District vide order at Annexure-A dated 05.09.2020. According to the petitioner, the respondent No.5 had issued a notice to him to deposit a sum of Rs.13,45,905/- to the bank account of the Gram Panchayath. Subsequently, petitioner received a notice on 13.11.2025 with allegations that he had misappropriated the tax amount collected. The said notice was replied by the petitioner on 19.11.2025. Thereafter, the impugned order at Annexure-F was passed on 09.01.2026 terminating the petitioner from service, on the allegation that he had misappropriated the amount of Rs.13,45,905/- and also ordered for recovery of the aforesaid amount from the petitioner. Aggrieved by the same, petitioner is before this Court.
4. Learned counsel for the petitioner submits that pursuant to the show cause notice received by him, the petitioner had submitted his reply. However, the order impugned has been passed by the respondent No.5, dismissing the petitioner from service without even holding an enquiry. Therefore, the order impugned cannot be sustained.
5. Learned counsel Smt. Ratna N Shivayogimath, appearing on behalf of the respondent Nos.3 to 5, on instruction submits that the order impugned has been passed without holding an inquiry and therefore, the matter may be remitted to the respondent No.5, with liberty to hold an enquiry against the petitioner in accordance with law.
6. The said submission is placed on record.
7. Accordingly, the following:
ORDER
i. The writ petition is allowed.
ii. The impugned order at Annexure-F dated 09.01.2026 bearing No.GRAPUMA/SIBANDHI/VAJA/2025-26 issued by the respondent No.5 is set aside and the petitioner shall be reinstated in service forthwith.
iii. The respondent No.5 is at liberty to hold an enquiry, as against the petitioner with regard to the allegations against him and thereafter, pass appropriate orders in accordance with law.
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