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Sri Mallesh Vs Zilla Panchayath — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Sri Mallesh Vs Zilla PanchayathSri Mallesh v. Zilla Panchayath

Disposed¶82

Sri Mallesh v. Zilla Panchayath

Service law – Gram Panchayath employee – dismissal – pendency of departmental appeal

Karnataka HC17 Dec 2025WP/28839/2024

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru, single Judge (Ashok S.Kinagi), WP No. 28839 of 2024 (S-RES), decided 17.12.2025. Mandamus against pendency of departmental appeal: Gram Panchayath Bill Collector twice dismissed (18.06.2011 and 06.03.2020); appeal dated 20.03.2020 against second dismissal pending before Zilla Panchayath for over 4½ years; earlier round of litigation in W.P. No.36073 of 2013 (allowed 24.06.2019) and W.A. No.3887 of 2019 (disposed 24.07.2024). Petition disposed of with time-bound direction to respondent No.1 to decide the appeal within 45 days. Keywords: Article 226; Karnataka Panchayat Raj Act; delay in disposal of appeal; reinstatement; back wages; Rs.2,64,534/- (claimed, not granted).

What did the court decide?

Direction to respondent No.1 (Zilla Panchayath, Chamarajanagar) to dispose of the petitioner's appeal dated 20.03.2020 and pass an appropriate order in accordance with law within 45 days from receipt of a certified copy of the order.

Why is it important?

The writ petition is disposed of with a direction to respondent No.1 to dispose of the appeal filed by the petitioner and pass an appropriate order in accordance with law within 45 days from the date of receipt of a certified copy of the order. ¶82

What the court decided

AI extract

Outcome

Direction to respondent No.1 (Zilla Panchayath, Chamarajanagar) to dispose of the petitioner's appeal dated 20.03.2020 and pass an appropriate order in accordance with law within 45 days from receipt of a certified copy of the order.

Issue for consideration

Whether respondent No.1 (Zilla Panchayath) should be directed to dispose of the petitioner's appeal dated 20.03.2020 against the dismissal/termination dated 06.03.2020 within a time-bound period. +1 more

Ratio / Principle

The writ petition is disposed of with a direction to respondent No.1 to dispose of the appeal filed by the petitioner and pass an appropriate order in accordance with law within 45 days from the date of receipt of a certified copy of the order.

Detailed headnote1 paragraphs

Service law - Gram Panchayath employee - dismissal - pendency of departmental appeal - writ under Article 226. The petitioner, a Bill Collector under respondent No.2-Panchayath since 1998, was first dismissed on 18.06.2011; respondent No.1 allowed his appeal on 14.05.2012 setting aside the dismissal, and in W.P. No.36073 of 2013 this Court directed reinstatement with arrears of salary (order dated 24.06.2019); he was reinstated on 29.07.2019 though arrears were not fully paid. He was dismissed a second time on 06.03.2020 and preferred an appeal before respondent No.1 on 20.03.2020, which remained undecided for over four-and-a-half years. Learned counsel for the respondents submitted that, if reasonable time were granted, respondent No.1 would dispose of the appeal in accordance with law; counsel for the petitioner restricted the prayer to prayer (i), namely a direction to dispose of the appeal. Held, disposing of the writ petition: respondent No.1 directed to dispose of the appeal and pass an appropriate order in accordance with law within 45 days from the date of receipt of a certified copy of the order.

A

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NC: 2025:KHC:53911 WP No. 28839 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 28839 OF 2024 (S-RES)

BETWEEN:

SRI MALLESH

S/O. MADANAYAKA,

AGED ABOUT 50 YEARS, ILLEGALLY DISMISSED FROM SERVICE AS BILL COLLECTOR,

Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

THERAKANAMBI GRAM PANCHAYATH, GUNDLAPET TALUK, CHAMARAJANAGAR DISTRICT-571313

(BY SRI. NANJA REDDY P N., ADVOCATE)

AND:

…PETITIONER

ZILLA PANCHAYATH

REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, CHAMARAJANAGAR ZILLA PANCHAYATH CHAMARAJANAGAR DISTRICT - 571313

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NC: 2025:KHC:53911 WP No. 28839 of 2024

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2. THERAKANAMBI GRAM PANCHAYATH,

REPRESENTED BY

THE PANCHAYATH DEVELOPMENT OFFICER THERAKANAMBI VILLAGE, GUNDLPET TALUK,

CHAMARAJANAGAR DISTRICT. -571313

…RESPONDENTS

(BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO DISPOSE OF THE APPEAL FILED BY THE PETITIONER AT ANNEXURE-D DATED 20.03.2020 BY REINSTATING THE PETITIONER INTO SERVICE AS BILL COLLECTOR AND PAY THE ARREARS OF SALARY FROM THE DATE OF ILLEGAL ORDER OF DISMISSAL DATED 06.03.3030 TILL THE DATE OF REINSTATEMENT AND GRANT ALL THE CONSEQUENTIAL BENEFITS. QUASH THE ORDER OF DISMISSAL DATED 06.03.2020 PASSED BY THE R-2 (ANNEXURE-C) AS THE SAME IS ILLEGAL, ARBITRARY AND CONTRARY TO THE PROVISIONS OF THE KARNATAKA PANCHAYATH RAJ ACT. DIRECT THE R-2 TO REINSTATE THE PETITIONER INTO SERIVICE AND PAY THE FULL BACK WAGES FROM THE DATE OF ILLEGAL DISMISSAL FROM SERVICE DATED 06.03.2020 CONSEQUENT UPON QUASHING THE ORDER ANNEXURE-C AND GRANT ALL THE CONSEQUENTIAL BENEFITS 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 ASHOK S.KINAGI

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ORAL ORDER

The petitioner has filed this writ petition seeking following reliefs:

(i) Direct respondent No.1 to dispose of the appeal filed by the petitioner at AnnexureD dated 20.03.2020 by reinstating the petitioner into service as Bill Collector and pay the arrears of salary from the date of illegal order of dismissal dated 06.03.3030 till the date of reinstatement and grant all the consequential benefits;

(ii) To quash the order of dismissal dated 06.03.2020 passed by respondent No.2 (Annexure-C) as the same is illegal, arbitrary and contrary to the provisions of the Karnataka Panchayat Raj Act.

(iii) Direct respondent No.2 to reinstate the petitioner into service and pay the full back wages from the date of illegal dismissal from service dated 06.03.2020 consequent upon quashing the order Annexure-C and grant all the consequential benefits;

(iv) Direct respondent No.2 to pay a sum of Rs.2,64,534/- as directed to be paid in terms

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of the order passed in W.A.No.3887/2019 as per Annexure-F dated 24.07.2024 towards difference of 25 percent of the arrears of salary and grant all the consequential benefits."

Learned counsel for the petitioner, on instructions, submits that the petitioner restricts his prayer only to prayer (i).

Brief facts leading rise to the filing of this petition are as follows:

The petitioner joined the service of respondent No.2 as a Bill Collector in 1998. The petitioner was dismissed from service by respondent No.2 on 18.06.2011. The petitioner aggrieved by the order of dismissal dated 18.06.2011, preferred an appeal before respondent No.1. Respondent No.1 passed an order on 14.05.2012 by allowing the appeal and setting aside the order of dismissal from service and also indicated that the respondents have not acted in

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HC-KAR

accordance with law and that there is dereliction of duties by the Secretary.

Despite the same, respondent No.2, at the instigation of the Elected Body, has not implemented the order, though he is duty bound to do so.

The petitioner has filed a petition in W.P. No.36073 of 2013 and the same came to be allowed with a direction to respondent No.2 to reinstate the petitioner into service and pay the arrears of salary vide order dated 24.06.2019. The respondents reinstated the petitioner on 29.07.2019 and he is working as such.

Thereafter, a notice has been issued to the petitioner since he approached this Court questioning the order passed against him, and again, he was dismissed from service on 06.03.2020.

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HC-KAR

Respondent No.2 filed a writ appeal in W.A. No.3887 of 2019. The said writ appeal was disposed of on 24.07.2024.

The petitioner aggrieved by the order of termination from service dated 06.03.2020 preferred an appeal before respondent No.1 on 20.03.2020.

Respondent No.1 has not passed any order on the appeal filed by the petitioner. Hence, this writ petition.

Heard the learned counsel for the petitioner and learned counsel for the respondents.

Learned counsel for the petitioner submits that respondent No.2 has passed an order of termination which was set aside by respondent No.1. The petitioner has filed a writ petition in W.P. No.36073 of 2013. The said writ petition was allowed and a direction was issued to respondent No.2 to reinstate the petitioner into service and to pay arrears of

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salary. He submits that, again the petitioner was terminated from service without any enquiry on 06.03.2020, against which, the petitioner approached respondent No.1 by filing an appeal in 2020, and for the last more than 4½ years, respondent No.1 has not passed any order. He submits that a direction be issued to respondent No.1 to dispose of the appeal within time-bound.

Per contra, learned counsel for the respondents submits that if a reasonable time is granted, respondent No.1 would dispose of the appeal in accordance with law.

Perused the records and considered the submissions of the learned counsel for the parties.

It is an undisputed fact that the petitioner is working in respondent No.2-Panchayath, and earlier, he was terminated from service on 18.06.2011 and the said order was challenged, and the order of earlier

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dismissal was set aside and respondent No.2 was directed to reinstate the petitioner into service and pay the arrears of salary.

Pursuant to the order passed by this Court in Writ Petition No.36073 of 2013, the petitioner was reinstated into service, however, he was not fully paid the arrears of salary. Again, the petitioner was terminated from service on 06.03.2020.

The petitioner aggrieved by the order of termination dated 06.03.2020 preferred an appeal before respondent No.1 in the year 2020. Respondent No.1, instead of disposing of the appeal, has not taken the appeal for consideration.

As the appeal is of the year 2020, it would be appropriate if a direction is issued to respondent No.1 to dispose of the appeal, as the petitioner is out

of service.

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NC: 2025:KHC:53911 WP No. 28839 of 2024

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In view of the submissions made by the learned counsel for the respondents, I proceed to pass the following order:

ORDER

(I) The writ petition is disposed of directing

respondent No.1 to dispose of the appeal filed by the petitioner and pass an appropriate order in accordance with law within 45 days from the date of receipt of a certified copy of this order.

Sd/(ASHOK S.KINAGI) JUDGE

RK CT:KHV

List No.: 1 Sl No.: 38

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether respondent No.1 (Zilla Panchayath) should be directed to dispose of the petitioner's appeal dated 20.03.2020 against the dismissal/termination dated 06.03.2020 within a time-bound period.¶64
2.
Prayers other than prayer (i) - quashing of the dismissal dated 06.03.2020, reinstatement with full back wages, and payment of Rs.2,64,534/- - were not pressed; the petitioner restricted his prayer to prayer (i).¶44

Cases cited

Colour shows how this judgement treated each authority

AI extract

W.P. No.36073 of 2013Referred¶51
W.A. No.3887 of 2019Referred¶56

Statutes considered

2 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 226¶29
Karnataka Panchayat Raj ActKarnataka Panchayat Raj Act¶38

Procedural history

How this case reached the court

AI extract

Order under challenge
Non-disposal by respondent No.1 of the petitioner's appeal (Annexure-D dated 20.03.2020) against the order of dismissal/termination dated 06.03.2020; pending undecided for more than 4½ years.¶58
Respondent No.1 - Zilla Panchayath, Chamarajanagar
Prior proceeding
Petitioner, a Bill Collector with respondent No.2 since 1998, dismissed from service by respondent No.2 on 18.06.2011.¶46
Prior proceeding
On appeal, respondent No.1 by order dated 14.05.2012 allowed the appeal, set aside the dismissal, and noted non-compliance with law and dereliction of duties by the Secretary.¶46
Prior proceeding
W.P. No.36073 of 2013 filed by the petitioner allowed by this Court vide order dated 24.06.2019, directing respondent No.2 to reinstate the petitioner and pay arrears of salary.¶51
Prior proceeding
Petitioner reinstated on 29.07.2019 and continues working as such.¶51
Prior proceeding
Despite reinstatement, petitioner was not fully paid the arrears of salary.¶72
Prior proceeding
After issuance of notice for having approached the Court, petitioner again dismissed from service on 06.03.2020 (allegedly without enquiry).¶52
Prior proceeding
Writ appeal W.A. No.3887 of 2019 filed by respondent No.2 was disposed of on 24.07.2024 (Annexure-F).¶56
Prior proceeding
Petitioner preferred an appeal before respondent No.1 on 20.03.2020 against the termination dated 06.03.2020.¶57

Parties & counsel

AI extract

petitioner
Sri Mallesh (S/o Madanayaka)¶10
NANJA REDDY P N.
respondent
Zilla Panchayath (represented by its Chief Executive Officer, Chamarajanagar)¶18
CHANDRAKANTH R GOULAY.
respondent
Therakanambi Gram Panchayath (represented by the Panchayath Development Officer)¶23

Coram

AI extract

ASHOK S.KINAGIauthor¶31

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 17 Dec 2025 · December
Registered: 25 Oct 2024
Case no.: WP/28839/2024
CNR: KAHC010592472024
Topic: Writ and Judicial Review
Bench: Ashok S.kinagi
Disposal: DISPOSED
Case type: Writ Petition (S-RES)

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Cite this judgement

Sri Mallesh v. Zilla Panchayath, WP/28839/2024 (KA), decided on 17 December 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

W.P. No.36073 of 2013Referred¶51
W.A. No.3887 of 2019Referred¶56

Open Authorities

Statutes2

Constitution of IndiaArticle 226
Karnataka Panchayat Raj ActKarnataka Panchayat Raj Act

View all statutes

Procedural history9

Non-disposal by respondent No.1 of the petitioner's appeal (Annexure-D dated 20.03.2020) against the order of dismissal/termination dated 06.03.2020; pending undecided for more than 4½ years.Respondent No.1 - Zilla Panchayath, Chamarajanagar
Petitioner, a Bill Collector with respondent No.2 since 1998, dismissed from service by respondent No.2 on 18.06.2011.
On appeal, respondent No.1 by order dated 14.05.2012 allowed the appeal, set aside the dismissal, and noted non-compliance with law and dereliction of duties by the Secretary.

View full history

Bench / Coram

ASHOK S.KINAGI

Parties & counsel