A Grama Sahayaka removed from service for allegedly suppressing criminal antecedents was reinstated under an interim order while an inquiry proceeded. The Court disposed of the petition directing continuation in service subject to inquiry outcome and requiring the Tahsildar to complete the enquiry by a set date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:26528 WP No. 7865 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 7865 OF 2020 (S-RES)
BETWEEN:
Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2024.08.19 14:47:53 +0530
G M RAMAKRISHNA S/O MUDDARANGAPA AGE 34 YEARS GRAMASAHAYAKA BHAKTHARAHALLI CIRCLE MADHUGIRI KASABA MADHUGIRI TALUK TUMKUR DISTRICT R/AT GOPAGONDANAHALLI VADERAHALLI POST KASABA HOBLI MADHUGIRI TALUK TUMKURU DISTRICT-572 132.
(BY SRI. JAVANAPPA T K., ADVOCATE)
AND:
…PETITIONER
…RESPONDENTS
(BY SRI.GOPALA KRISHNA SOODI., AGA FOR R1 TO R4; SRI. RAGHAVENDRA RAO, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 08.01.2020 PASSED BY R-3 VIDE ANNX-K AND DATED 17.02.2020 PASSED BY R-4 VIDE ANNX-L; CONSEQUENTLY, DIRECT THE R-1 TO 4 TO REINSTATE THE PETITIONER TO THE POST OF GRAMA SAHAYAKA BY RESTORING STATUS-QUO BEFORE PASSING THE IMPUGNED ORDERS DATED 08.01.2020 AND 17.02.2020 VIDE ANNX-K AND L.
NC: 2024:KHC:26528 WP No. 7865 of 2020
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is appointed as Grama Sahayaka by the fourth respondent in the year 2019, and by the impugned orders dated 18.01.2020 and 17.02.2020 [ Annexures- K and L ] the petitioner is removed from service. This Court on 15.06.2020, while considering the petitioner's request for interim order, has opined that a prima facie case is made out for interim order because the petitioner's appointment is cancelled and he is relieved from service even without holding a domestic enquiry. This Court has also directed the official respondents to complete the enquiry proceedings while staying the operation of Annexures- K and L.
It is undisputed that consequent to this interim
order, the petitioner is reinstated, and he has continued to work. Further it is stated that the
Tahsildar has also instituted inquiry in which the petitioner has participated and that the Officer has reserved the case for orders. In the meanwhile, the fifth respondent has impleaded himself, and according to the fifth respondent, he must be appointed in the petitioner’s place. The allegation against the petitioner is that he has secured appointment for himself suppressing the criminal antecedents.
This Court must opine that the petitioner being reinstated pursuant to this Court’s interim order, and the inquiry being instituted, the petition must be disposed of providing for the petitioner's continuation subject to the outcome of the inquiry directing the fourth respondent to complete the enquiry proceedings as is required in law before 30.09.2024. As regards the fifth respondent's case, this Court can only observe that the merits thereof can only be
NC: 2024:KHC:26528 WP No. 7865 of 2020
considered subject to the outcome of the enquiry
proceedings.
The petition stands disposed of.
Sd/(B M SHYAM PRASAD) JUDGE
NV
2 issues framed by the court
Should the Grama Sahayaka removed without a domestic enquiry be continued in service pending completion of the inquiry?
How should the fifth respondent's competing claim to the post be handled pending inquiry outcome?
1 provisions across 1 enactments
G M Ramakrishna
The State of Karnataka, Department of Revenue (Principal Secretary)
The Deputy Commissioner, Tumkur District
The Assistant Commissioner, Madhugiri Sub Division
The Tahasildar, Madhugiri Taluk
K.V. Yoganarasimhaiah
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
