Dr. B M Mohan Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Dr. B M Mohan Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No relief granted on the merits. Writ petition disposed of with liberty reserved to the petitioner to approach the appropriate legal forum, if law permits; Registry directed to return original or certified copies of documents to the petitioner after retaining photocopies for record; all pending I.As. disposed of.

Issue for consideration

Whether the writ petition is maintainable before the writ court, given that the petitioner holds a civil post and, per the learned AGA's preliminary objection, service matters must first be adjudicated by the Karnataka State Administrative Tribunal. +1 more

Court's answer

The grievance in respect of 'service matters' cannot be a subject matter of adjudication at the hands of a writ court acting as the court of first instance, in view of the Apex Court decision in L. Chandra Kumar vs. Union of India and others, (1997) 3 SCC 261; a petitioner holding a civil post must approach the Karnataka State Administrative Tribunal.

Ratio / Principle

In view of the above, the writ petition is disposed of, with liberty reserved to the petitioner to approach the appropriate legal forum, if law permits.

Detailed headnote1 paragraphs

Writ Petition (S-DE) No. 23989 of 2025, decided on 12.09.2025 by H.T. Narendra Prasad, J. (High Court of Karnataka): A retired former Director of Forensic Science Laboratories filed a writ petition under Articles 226 and 227 seeking certiorari against the impugned order dated 03.04.2025 passed by the 4th respondent vide G.O.No.OE 139 PEI 2024 (Annexure-A) and a direction to pay interest for the delayed period of DCRG, leave encashment and other retirement benefits. At the outset, the learned AGA raised a preliminary objection that the petitioner, holding a civil post, must approach the Karnataka State Administrative Tribunal. Relying on L. Chandra Kumar vs. Union of India and others, (1997) 3 SCC 261, the court held that grievances in respect of 'service matters' cannot be adjudicated by a writ court as the court of first instance. The writ petition was accordingly disposed of, with liberty reserved to the petitioner to approach the appropriate legal forum, if law permits; the Registry was directed to return original or certified copies of documents, retaining photocopies for record, and all pending I.As. were disposed of. The claim for interest on delayed retirement benefits was not adjudicated.

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NC: 2025:KHC:36184 WP No. 23989 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 23989 OF 2025 (S-DE)

BETWEEN:

DR. B M MOHAN AGED 73 YEARS S/O LATE SRI.B.MUTHAIAH FORMER DIRECTOR FORENSIC SCIENCE LABORATORIES R/AT NO.8, B.S.R. MANTRALAYA APARTMENT COMPLEX, 19TH MAIN 25TH CROSS, 2ND SECTOR, H.S.R. LAYOUT BENGALURU 560102

…PETITIONER

(BY SRI. BALASUBRAMANYA B N., ADVOCATE)

AND:

THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD BANGALORE-560001.

Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA

THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT HOME DEPARTMENT, 2ND FLOOR VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD BENGALURU-560 001.

THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE, NRUPATHUNGA ROAD BENGALURU-560 001.

THE UNDER SECRETARY GOVERNMENT OF KARNATAKA

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NC: 2025:KHC:36184 WP No. 23989 of 2025

HC-KAR

HOME DEPARTMENT, POLICE SERVICES VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD BANGALORE-560001.

…RESPONDENTS

(BY SRI. VIKAS R., AGA FOR RESPONDENTS)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT OF CERTIORARI BY SETTING ASIDE THE IMPUGNED ORDER DATED 03.04.2025 (PARA 2 , PAGE NO.6 OF THE IMPUGNED ORDER 03.04.2025) PASSED BY THE 4TH RESPONDENT VIDE ORDER G.O.NO.OE 139 PEI 2024 BANGALORE I.E., ANNEXURE-A AND DIRECT THE RESPONDENTS TO IMMEDIATELY CLEAR THE PAYMENT OF INTEREST FOR THE DELAYED PERIOD OF DCRG AND LEAVE ENCASHMENT AND OTHER RETIREMENT BENEFITS TO THE PETITIONER AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is holding a civil post and therefore, he has to approach the Karnataka State Administrative Tribunal.

The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the

3 - NC: 2025:KHC:36184 WP No. 23989 of 2025

HC-KAR

hands of a writ Court, as the court of first instance, in

the light of the decision of the Apex Court in the case

of L.Chandra Kumar vs. Union of India and others

reported in (1997) 3 SCC 261.

In view of the above, the writ petition is disposed of , with liberty reserved to the petitioner to approach the appropriate legal forum, if law permits.

Registry is directed to return the original or certified copies of the documents, if any, to the petitioner, after retaining the photocopies of the same for record purpose.

All pending I.As. are disposed of.

Sd/(H.T. NARENDRA PRASAD) JUDGE

LIST NO.: 1 SL NO.: 3

DM