Karnataka High Court
The Commissioner vs Sri. Basavaraj S/O Pundalikappa Nirugi on 6 March, 2026
Author: B.M. Shyam Prasad
Bench: B M Shyam Prasad, Shivashankar Amarannavar
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NC: 2026:KHC-D:3571-DB
WA No. 100065 of 2026
C/W CCC No. 100051 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 6TH DAY OF MARCH 2026
PRESENT
THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
WRIT APPEAL NO. 100065 OF 2026 (S-RES)
C/W
CIVIL CONTEMPT PETITION NO.100051/2026(CIVIL)
IN WA No. 100065/2026
BETWEEN:
1. THE COMMISSIONER,
CITY MUNICIPAL COUNCIL,
BAGALKOTE - 587 101,
R/BY SHRI. VASANNA R.,
AGE: 49 YEARS,
Digitally signed OCC: COMMISSIONER.
by RAKESH S ... APPELLANT
HARIHAR
Location: High
Court of (BY SRI. VISHWANATH V. BADIGER, ADVOCATE)
Karnataka,
Dharwad Bench
AND:
1. SRI. BASAVARAJ
S/O. PUNDALIKAPPA NIRUGI,
AGED ABOUT 50 YEARS,
EX-REVENUE OFFICER,
CITY MUNICIPAL COUNCIL,
BAGALKOT,
DIST: BAGALKOT
R/O: MAHABOOB SAB DURGA
WARD NO 3, HALEPETE,
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NC: 2026:KHC-D:3571-DB
WA No. 100065 of 2026
C/W CCC No. 100051 of 2026
HC-KAR
BAGALKOT - 587 101.
2. THE STATE OF KARNATAKA,
R/BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
M.S. BUILDING,
VIKAS SOUDHA,
BENGALURU - 01.
3. THE DIRECTOR,
DIRECTORATE OF MUNICIPAL
ADMINISTRATION, 9TH FLOOR,
DR. B R AMBEDKAR VEEDHI,
SIR. M. VISHWESHARAIAH TOWER,
BENGALURU - 01.
4. THE DEPUTY COMMISSIONER,
BAGALKOTE,
DIST: BAGALKOTE - 582 101.
... RESPONDENTS
(BY SRI. SUNIL S. DESAI, ADV. FOR R1.
SRI. SHARAD V. MAGADUM, AGA FOR R2 TO R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4
OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE FINAL ORDER PASSED BY LEARENED
SINGLE JUDGES PASSED IN WP NO.109347/2025
(S-RES) VIDE DATED 02.02.2026, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN CCC NO. 100051/2026
BETWEEN:
1. SRI. BASAVARAJ
S/O. PUNDALIKAPPA NIRUGI,
AGED ABOUT 59 YEARS,
WORKING AS REVENUE OFFICER,
CITY MUNICIPAL COUNCIL,
BAGALKOT, DIST. BAGALKOTE
... COMPLAINANT
(BY SRI. SUNIL S. DESAI, ADVOCATE)
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NC: 2026:KHC-D:3571-DB
WA No. 100065 of 2026
C/W CCC No. 100051 of 2026
HC-KAR
AND:
1. SRI. VASANNA R. RAMAPPA,
AGED ABOUT 50 YEARS,
THE COMMISSIONER,
CITY MUNICIPAL COUNCIL,
BAGALKOTE,
DIST. BAGALKOTE - 582 101.
... ACCUSED
2. THE STATE OF KARNATAKA,
R/BY BY AGA DHARWAD
... PRO FORMA RESPONDENT
(BY SRI. VISHWANATH V. BADIGER, ADV. FOR R1.
SRI. SHARAD V. MAGADUM, AGA FOR R2)
THIS CCC IS FILED UNDER ARTICLE 215 OF
CONSTITUTION OF INDIA R/W SECTION 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, PRAYING TO,
SUITABLE ACTION AGAINST THE ACCUSED BE TAKEN
FOR HAVING VIOLATED THE ORDER PASSED BY THIS
HON'BLE COURT IN WP.NO.109347/2025 DATED
02-02-2026 AS PER ANNEXURE-A AND AS PER THE
PROVISIONS OF THE CONTEMPT OF COURT ACT FOR
HAVING DELIBERATELY IGNORED THE ORDERS
PASSED BY THE COURT AND DISPOSSESSING THE
MEMBERS OF COMPLAINANT. ANY OTHER RELIEF
THAT DEEMS FIT UNDER CIRCUMSTANCES BE ALSO
BE ORDERED.
THIS APPEAL AND PETITION, COMING ON FOR
PRELIMINARY HEARING THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
and
HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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NC: 2026:KHC-D:3571-DB
WA No. 100065 of 2026
C/W CCC No. 100051 of 2026
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE B.M. SHYAM PRASAD) The dispute is over the decision to keep the first respondent [in this intra-Court appeal] under suspension and the alleged non-compliance with the directions issued by a writ Court. The parties, for easy reference, are referred to as they are arrayed in the intra-Court appeal. The first respondent is served with the Order dated 22.07.2025 keeping him under suspension with retrospective effect and directing him to report to duty with City Municipal Council [CMC], Davangere. The first respondent, as of this Order dated 22.07.2025, was working as a Chief Officer Grade-I with the appellant [The Commissioner, City Municipal Council, Bagalakote].
2. The first respondent has called this Order dated 22.07.2025 in question in Writ Petition No.106080 of 2025. The writ Court has quashed the Order dated 22.07.2025 in its entirety but observing that the State Government can post the first -5- NC: 2026:KHC-D:3571-DB WA No. 100065 of 2026 C/W CCC No. 100051 of 2026 HC-KAR respondent to another place. The writ Court's directions as aforesaid are based on the conclusion as follows.
"On a conspectus of the above, this Court is left with no doubt that the impugned suspension is illegal, arbitrary and unsustainable in law. The order is vitiated by non-application of mind, violative of Rule 10(3) of the Rules and contrary to the Circular dated 13-01-2015. The ends of justice however would be met if liberty is reserved to the State to post the petitioner in any other position commensurate with administrative exigencies. What cannot be countenanced is his consignment to indefinite suspension on the tenuous ground of 2 days custody followed by bail."
3. The State Government has not issued any further order of posting, and the first respondent has filed his next writ petition in Writ Petition No.109347 of 2025 for directions to the appellant [and the State Government] to release salary and to permit him to report duty as the Chief Officer Grade-I with the appellant. The writ Court has disposed of this writ -6- NC: 2026:KHC-D:3571-DB WA No. 100065 of 2026 C/W CCC No. 100051 of 2026 HC-KAR petition by the Order dated 02.02.2026. The writ Court's direction reads as under.
i. Mandamus is issued directing respondent No.4 to release the full salary payable to the petitioner for the period from 10.03.2025 till date, treating the petitioner as being on duty and to complete all the consequential formalities within four [4] weeks from the date of receipt of copy of this order. ii. Respondent No.4 is further directed to permit the petitioner to discharge his duties forthwith in terms of the liberty reserved by this Court in WP No.106080/2025.
4. The first respondent has filed his contempt application asserting that the appellant is in deliberate breach of the direction to permit him to report to duty and to pay salary. The appellant has appeared before this Court in person on 04.03.2026, and the incumbent officer has placed on record:
[a] After the Government Order dated 02.03.2026 he has no impediment -7- NC: 2026:KHC-D:3571-DB WA No. 100065 of 2026 C/W CCC No. 100051 of 2026 HC-KAR in releasing 50% of the salary to the first respondent for the period upto 22.07.2025 because the remaining 50% has been admitted to him as subsistence allowance; and [b] The remaining amount, 50% of the salary or any other further amount, will have to be paid by the Office of the Commissioner, Davangere because of the State Government's Order dated 02.03.2026.
The State Government's Order dated 02.03.2026 reads that, because of the writ Court's direction in Writ Petition No.106080 of 2025, the first respondent must be reinstated specifying that the petitioner must report to duty with the CMC, Birur, but subject to pending Departmental Inquiry.
5. Sri. Badiger Vishwanath Veerappa, the learned counsel for the appellant, reiterates the stand -8- NC: 2026:KHC-D:3571-DB WA No. 100065 of 2026 C/W CCC No. 100051 of 2026 HC-KAR as afore, while Sri. Sunil S. Desai, the learned counsel for the first respondent, submits that neither the appellant nor the State Government can avoid the consequence of paying salary without a break because the Court's directions in Writ Petition No.106080 of 2025 was to permit the first respondent to report to duty but with liberty to the State Government to give a fresh posting but such posting has not been given even as of date. This Court finds considerable force in this assertion in the circumstances narrated and because the State Government has issued no order on posting until the Order dated 02.03.2026.
6. Sri. Sharad V. Magdum, the learned Additional Government Advocate, submits that the writ appeal could be disposed of with just orders, closing the contempt proceedings as bona fides are brought on record, but without prejudice to the pending departmental proceedings. In rejoinder, Sri. Sunil S. Desai contends that the only pending -9- NC: 2026:KHC-D:3571-DB WA No. 100065 of 2026 C/W CCC No. 100051 of 2026 HC-KAR proceedings are penal proceedings which are stayed by this Court in a Criminal Petition No.101955/2025 and that departmental proceedings are not commenced, and the learned counsel also submits that the first respondent will have to demit the Office at the end of this month upon attaining the age of superannuation.
7. The appellant must pay the salary upto 28.02.2026 to the first respondent as he cannot be told, in the absence of a posting order, that his salary should be paid from the Office of the Commissioner, CMC, Davanagere/ Birur. Further, as it is now stated that a third person has reported to duty as Chief Officer Grade-I with the appellant after the Orders dated 22.07.2025, this Court is of the view that lest there be further proceedings, the first respondent must report to duty with the Office of the Commissioner, CMC, Birur and all his emoluments effective from 01.03.2026 must be paid accordingly.
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NC: 2026:KHC-D:3571-DB WA No. 100065 of 2026 C/W CCC No. 100051 of 2026 HC-KAR As regards the alleged pending departmental proceedings and the retirement benefits, the State Government must ensure that the retirement benefits must be settled without break in continuity of service from 22.07.2025, but subject to the law on such settlement if there is a departmental proceeding. Hence the following:
ORDER a. The writ appeal stands disposed of directing the appellant to ensure that the salary and all emoluments to the first respondent are settled as of 28.02.2026 by the end of this month.
b. The first respondent shall report to the Birur, City Municipal Corporation in terms of the Government Order dated 02.03.2026 at the earliest; and in any event before 11.03.2026.
c. The first respondent shall be admitted to salary and all emoluments for this month
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NC: 2026:KHC-D:3571-DB WA No. 100065 of 2026 C/W CCC No. 100051 of 2026 HC-KAR as required in law. The first respondent's retirement benefits shall be settled subject to this Court's observation as aforesaid. d. The appellant shall ensure that appropriate relieving orders in terms of these directions are issued at the earliest. e. The contempt proceedings are closed in the light of the aforesaid.
Sd/-
(B.M. SHYAM PRASAD) JUDGE Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE KGK / CT: ASC List No.: 2 Sl No.: 2