Sri Arunkumar Mariyappa Chalawadi vs The State Of Karnataka

Citation : 2026 Latest Caselaw 2708 Kant
Judgement Date : 26 March, 2026

[Cites 2, Cited by 0]

Karnataka High Court

Sri Arunkumar Mariyappa Chalawadi vs The State Of Karnataka on 26 March, 2026

Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
                                                -1-
                                                            NC: 2026:KHC-K:2719
                                                       WP No. 200837 of 2026


                      HC-KAR




                                  IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                               DATED THIS THE 26TH DAY OF MARCH, 2026

                                              BEFORE

                           THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                             WRIT PETITION NO. 200837 OF 2026 (S-DIS)

                      BETWEEN:

                           SRI ARUNKUMAR MARIYAPPA CHALAWADI
                           S/O MARIYAPPA CHALAWADI,
                           AGE. 29 YEARS,
                           W/AS. BILL COLLECTOR,
                           ARASHANAGI GRAM PANCHAYAT,
                           TALUK. KOLHAR,
                           DIST. VIJAYAPURA,
                           R/O. AT POST KAWALGI,
                           TALUK KOLHAR,
Digitally signed by
NIJAMUDDIN                 DIST. VIJAYAPURA-586 216.
JAMKHANDI
                                                                  ...PETITIONER
Location: HIGH
COURT OF
KARNATAKA             (BY SMT. BHAGYASHREE R K.,ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA
                           REPRESENTED BY ITS
                           PRINCIPAL SECRETARY,
                           DEPARTMENT OF RURAL DEVELOPMENT AND
                           PANCHAYAT RAJ,
                           M.S. BUILDING,
                           BENGALURU-560 001.
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                                          NC: 2026:KHC-K:2719
                                       WP No. 200837 of 2026


HC-KAR




2.   THE COMMISSIONER
     KARNATAKA PANCHAYATRAJ COMMISSIONERATE,
     DEPARTMENT OF RURAL DEVELOPMENT AND
     PANCHAYAT RAJ,
     K G ROAD, GANDHI NAGAR,
     BENGALURU-560 009.

3.   THE CHIEF EXECUTIVE OFFICER
     ZILLA PANCHAYATH,
     VIJAYAPURA-586 109.

4.   THE EXECUTIVE OFFICER
     TALUK PANCHAYATH, KOLHAR,
     DIST. VIJAYAPURA-586 210.

5.   THE PANCHAYATH DEVELOPMENT OFFICER
     ARASHANAGI GRAM PANCHAYATH, KOLHAR,
     DIST. VIJAYAPURA-586 216.
                                       ...RESPONDENTS
(BY SRI VEERANAGOUDA M BIRADAR, AGA FOR R1 AND R2;
     SMT RATNA N SHIVAYOGIMATH, ADV FOR R3 TO R5)
      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING
THE IMPUGNED ORDER BEARING NO. GRAPUMA/ SIBANDHI/
VAJA/ 2025-26 DATED 09.01.2026 VIDE ANNEXURE-F ISSUED
BY THE 5TH RESPONDENT B) DIRECT THE RESPONDENTS TO
REINSTATE   THE   PETITIONER    INTO    SERVICE   WITH    ALL
CONSEQUENTIAL BENEFITS C) PASS SUCH OTHER ORDERS AS
THIS HONOURABLE COURT DEEMS FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
                               -3-
                                            NC: 2026:KHC-K:2719
                                        WP No. 200837 of 2026


HC-KAR




     THIS     PETITION,    COMING     ON    FOR      PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                          ORAL ORDER

This writ petition under Articles 226 and 227 of the Constitution of India is filed seeking the following reliefs:

"a) Issue a writ in the nature of certiorari by quashing the impugned order bearing No. GRAPUMA/ SIBANDHI/ VAJA/ 2025-26 dated 09.01.2026 vide Annexure-F issued by the 5th respondent.
b) Direct the respondents to reinstate the petitioner into service with all consequential benefits.
c) Pass such other orders as this Honourable Court deems fit in the facts and circumstances of the case."

2. Heard the learned counsel for the parties.

3. Petitioner was appointed as a Bill Collector in Gram Panchayath, Vijayapura District vide order at Annexure-A dated 05.09.2020. According to the petitioner, the respondent No.5 had issued a notice to him to deposit a sum of Rs.13,45,905/- to the bank account of the Gram -4- NC: 2026:KHC-K:2719 WP No. 200837 of 2026 HC-KAR Panchayath. Subsequently, petitioner received a notice on 13.11.2025 with allegations that he had misappropriated the tax amount collected. The said notice was replied by the petitioner on 19.11.2025. Thereafter, the impugned order at Annexure-F was passed on 09.01.2026 terminating the petitioner from service, on the allegation that he had misappropriated the amount of Rs.13,45,905/- and also ordered for recovery of the aforesaid amount from the petitioner. Aggrieved by the same, petitioner is before this Court.

4. Learned counsel for the petitioner submits that pursuant to the show cause notice received by him, the petitioner had submitted his reply. However, the order impugned has been passed by the respondent No.5, dismissing the petitioner from service without even holding an enquiry. Therefore, the order impugned cannot be sustained.

5. Learned counsel Smt. Ratna N Shivayogimath, appearing on behalf of the respondent Nos.3 to 5, on -5- NC: 2026:KHC-K:2719 WP No. 200837 of 2026 HC-KAR instruction submits that the order impugned has been passed without holding an inquiry and therefore, the matter may be remitted to the respondent No.5, with liberty to hold an enquiry against the petitioner in accordance with law.

6. The said submission is placed on record.

7. Accordingly, the following:

ORDER i. The writ petition is allowed. ii. The impugned order at Annexure-F dated 09.01.2026 bearing No.GRAPUMA/SIBANDHI/VAJA/2025-26 issued by the respondent No.5 is set aside and the petitioner shall be reinstated in service forthwith.

iii. The respondent No.5 is at liberty to hold an enquiry, as against the petitioner with regard -6- NC: 2026:KHC-K:2719 WP No. 200837 of 2026 HC-KAR to the allegations against him and thereafter, pass appropriate orders in accordance with law.

Sd/-

(S.VISHWAJITH SHETTY) JUDGE NJ List No.: 1 Sl No.: 6