Mr Saragu Indhira Tharun Vs the State of Karnataka

BELLARY INSTITUTE OF MEDICAL SCIENCES, BELLARY FORMERLY KNOWN AS VIJAYNAGAR INSTITUTE OF MEDICAL SCIENCES, VIJAYA NAGAR CANTONMENT, BELLARY REP. BY VICE CHANCELLOR DR. BHAGAVAN B.C.

¶21

2 -

¶22

NC: 2026:KHC:14465-DB WP No. 38904 of 2025

¶23

HC-KAR

¶24

DR. GANGADHAR GOWDA DIRECTOR OF BELLARY INSTITUTION OF MEDICAL SCIENCES (BIMS) VIJAYA NAGAR, CANTONMENT BELLARY

¶25

…RESPONDENTS

¶26

(BY SMT. NILOUFER AKBAR, AGA FOR R-1 & SRI J.M. ANIL KUMAR, ADVOCATE FOR R-3)

¶27

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AN INDEPENDENT INVESTIGATION INTO PROCUREMENT PRACTICES OF THE THIRD RESPONDENT AND ORDER APPROPRIATE DISCIPLINATY AND LEGAL ACTION AGAINST THOSE FOUND GUILTY OF VIOLATING THE KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENTS ACT, 1999 AND ETC.

¶28

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶29

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

¶30

3 -

¶31

NC: 2026:KHC:14465-DB WP No. 38904 of 2025

¶32

HC-KAR

¶33

ORAL ORDER

¶34

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

¶35

Issue notice.

¶36

The learned Additional Government Advocate accepts notice for respondent No.1.

¶37

Mr. J.M.Anil Kumar., learned counsel accepts notice for respondent No.3.

¶38

The petitioner has filed the present writ petition as a public interest litigation, inter alia , praying that an independent investigation be directed into the procurement practices of respondent No.3 and an order for disciplinary and legal action against those who found guilty for violating the Karnataka Transparency in Public Procurement Act, 1999 [ the Act ].

¶39

The petitioner alleges that respondent No.3 is procuring items without calling any tender or without following the process required under the Act, by merely splitting the bills and by making payments against multiple invoices and thus ensuring that each invoice is less than `5,00,000/-.

¶40

4 -

¶41

NC: 2026:KHC:14465-DB WP No. 38904 of 2025

¶42

HC-KAR

¶43

The petitioner referred to two invoices for 'Solar LED Street Light 30W Single Arm.' , dated 13.02.2024 for a sum of 4,70,400/and a similar invoice dated 09.02.2024 for the same item. The respondent No.3 has thus procured 12 units of the said item however, the bills for the same have been split into two invoices for half the quantity (i.e., 6 pcs. each). Thus, although the total amount paid is 9,40,800/-, which is above the threshold limit of five lacs, each of the two invoices are below that limit.

¶44

Similarly, the petitioner has also produced copies of invoices dated 23.01.2024 and 22.01.2024 for 'Solar Water Heater with commission capacity of 500LPD FPC with 4 collectors connected with 10KW air source heat pump including circulation pump cable accessorized and required plumbing'. Each of the two invoices is for a sum of `4,97,280/-.

¶45

It is also averred in the petition that the said issue was raised by one of the Members of the Legislative Assembly in the House.

¶46

In view of the above, it is expected that the Audit Department of the State of Karnataka would examine the procurement practices

¶47

5 -

¶48

NC: 2026:KHC:14465-DB WP No. 38904 of 2025

¶49

HC-KAR

¶50

and if it is found that the practices have been adopted to overcome the statutory provisions of the Karnataka Transparency in Public Procurement Act, 1999, the concerned department shall take necessary steps.

¶51