Chethana S Shetty Vs the State of Karnataka

…RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE TERMINATION ORDER BEARING NO. ELN (1) CR 01/2025 DATED 12.12.2025 PASSED BY RESPONDENT NO. 2 (THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, UDUPI DISTRICT) PRODUCED AS ANNEXURE-A AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:18163 WP No. 1196 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks for the following reliefs:-

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“1. Issue a Writ of Certiorari or any other appropriate writ, order, or direction, quashing the Termination Order bearing No.ELN(1) CR:01/2025 dated 12.12.2025 passed by Respondent No.2 (The Deputy Commissioner & District Magistrate, Udupi District) produced as Annexure-A, in the interest of justice and equity.

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2. Direct the Respondents to reinstate the Petitioner to her original post as Anganwadi Worker at Menasinahadi, Perdoor Village, Udupi Tluk, with full continuity of service, back wages, and all consequential benefits.

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3. Grant such other reliefs as this Hon’ble Court deems fit.”

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When the matter came up before this Court on

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21.01.2026, the following interim order was passed:

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“ Heard.

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Learned Government Advocate is directed to take notice for respondent Nos.1 and 2. Office to show the name in the cause list.

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NC: 2026:KHC:18163 WP No. 1196 of 2026

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HC-KAR

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Learned counsel for the petitioner to serve two sets of copy of the writ petition on the learned Government Advocate.

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Stay of order dated 12.12.2025 passed by respondent No.2 vide Annexure-A, till the next date of hearing.”

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3. On 09.03.2026, this Court passed the following interim

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order:

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“When the matter came up before this Court on

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21.01.2026, the following interim order was passed:

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“Stay of order dated 12.12.2025 passed by respondent No.2 vide Annexure-A, till the next date of hearing.”

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Learned counsel for the petitioner submits that pursuant to the aforesaid interim order, the petitioner has rejoined service, but the respondents have not paid the salary to the petitioner even till today.

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The learned Additional Government Advocate seeks time to secure instructions in this regard.

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List the matter on 17.03.2026.

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Meanwhile, the respondents are directed to pay the entire arrears of salary payable to the petitioner after

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NC: 2026:KHC:18163 WP No. 1196 of 2026

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HC-KAR

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rejoining immediately without any delay, if not already paid as on today.

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Interim order granted earlier is extended till the next date of hearing.”

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The petitioner has been paid upto date salary as directed by this Court and petitioner has re-joined service in the respondent.

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A perusal of the material on record, in particular, Annexure - A dated 12.12.2025 will indicate that the same was issued to the petitioner terminating the services without conducting necessary enquiry and without providing sufficient or reasonable opportunity to the petitioner.

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Under these circumstances, I am of the considered opinion that the impugned order is violative of principles of natural justice and the same deserves to be set aside and the matter may be remitted back to the respondent No.2 for reconsideration afresh and in accordance with law.

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In the result, I pass the following:

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NC: 2026:KHC:18163 WP No. 1196 of 2026

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HC-KAR

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ORDER

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i) The petition is hereby allowed.

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ii) The impugned order at Annexure-A dated 12.12.2025 passed by respondent No.2 is hereby set aside.

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iii) The matter is remitted back to respondent No.2 for reconsideration of afresh in accordance with law.

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iv) Liberty is reserved in favour of the petitioner to submit replies, responses, pleadings, documents, etc., to the respondent, who shall consider the same, provide sufficient and reasonable opportunity to the petitioner and proceed further in accordance with law.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS

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List No.: 1 Sl No.: 31

Chethana S Shetty v. the State of Karnataka

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Chethana S Shetty v. the State of Karnataka

Case brief

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