Karnataka High Court
Shanappa @ Sharanappa vs The Chief Executive Officer And Ors on 4 July, 2024
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WP No. 200883 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
WRIT PETITION NO. 200883 OF 2024 (S-DIS)
BETWEEN:
SRI. SHANAPPA @ SHARANAPPA
S/O BASAVANTARAYA JAMADAR,
AGE: 40 YEARS, OCC: BILL-COLLECTOR
AT GRAM PANCHAYAT DANNUR VILLAGE,
TQ. ALAND, DIST. KALABURAGI,
R/O. DANNUR VILLAGE,
TQ. ALAND, KALABURAGI-585311.
...PETITIONER
(BY SRI AVINASH A. UPLOANKAR, ADVOCATE)
AND:
Digitally signed by 1. THE CHIEF EXECUTIVE OFFICER
KHAJAAMEEN L
MALAGHAN ZILLA PANCHAYAT, KALABURAGI,
Location: HIGH JAGAT CROSS, KALABURAGI-585101.
COURT OF
KARNATAKA
2. THE CHAIRMAN / PRESIDENT
DANNUR GRAM PANCHAYAT,
TQ. ALAND, DIST. KALABURAGI-585311.
3. THE PANCHAYAT DEVELOPMENT OFFICER
DANNUR GRAM PANCHAYAT,
TQ. ALAND, DIST. KALABURAGI-585311.
...RESPONDENTS
(BY SRI KRUPA SAGAR PATIL, ADVOCATE FOR R1 AND R3;
R2 IS SERVED.)
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WP No. 200883 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT OR ORDER OF CERTIORARI AND TO QUASH THE
ORDER PASSED BY THE 3RD RESPONDENT IN BEARING NO.
GRA.AA.SI.KA.VA.VAJA.2023-24/01, ORDER DATED 06.03.2024
VIDE ANNEXURE-F AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed calling in question the order
passed by the respondent No.3, dismissing the petitioner
from the service due to the serious misconduct of
unauthorized absence as well misappropriation of the
funds of the panchayat.
02. It is the case of the petitioner that he has been
serving as a bill collector in Dhannur Gram Panchayat from
31.08.2007. The respondent No.3 has given him a show-
cause notice on 29.08.2023 calling upon him to reply to
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the said notice regarding unauthorized absence as well as
misappropriation of funds and some other charges. The
petitioner had replied to the said notice dated 30.08.2023.
He has also made a representation dated 20.02.2024
stating that he was not permitted to sign on the muster
roll / attendant register. Thereafter, the respondent No.3
without holding a proper enquiry in accordance with the
Panchayat Rajya Act, held a special general body meeting
dated 06.03.2024 and decided to dismiss the petitioner
from the service. Accordingly, Annexure-F was issued
terminating his service. The said order is challenged in the
present writ petition.
03. I have heard the learned counsels for the
petitioner and the respondents No.1 to 3.
04. It is not in dispute that the petitioner was
permanent employee and serving as bill collector with the
respondents. It is also not in dispute that except issuing of
show-cause notice no proper enquiry was held against him
by giving him an opportunity to contest the matter in
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accordance with law. It is settled principle of law that
nobody shall be can demand un-heart. The serious
allegation made against the petitioner that he had
misappropriate the funds of the panchayat. He was
dismissed from service with stigmatic to his charter.
Therefore, it is just and necessary to hold proper enquiry
against him in accordance with law by following principle
of natural justice and pass suitable order. However, no
such procedure were followed, by the competent authority.
Therefore, order passed by the respondent No.3 dated
06.03.2024 is unconstitutional and illegal that needs to be
quashed.
05. The learned counsel for the petitioner relied
upon the judgment of the Coordinate Bench of this Court
in W.P.No.103153/2022 dated 12.10.2022 in the case
of Sri.l Gurubasavaraja G. vs.The Chief Executive
Officer, Zilla Panchayat, Bellary and others. In the
similar facts and circumstances of the case, this Court
quashed the dismissal order and directed the Government
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to reinstate the petitioner of that case into service with
consequential benefits including the salary. Similarly, in
W.P.No.203018/2022 (S-RES) in the case of
Ramachandra s/o Sharanappa Naikodi vs. The Z.P.
Kalaburagi, represented by its C.E.O. Kalaburagi and
others, the Coordinate Bench of this Court, quashed the
order of the dismissal, wherein principle of natural jusice
was not followed. The principles of law laid down in the
above said judgments, applicable to facts of present case.
06. For the above said discussion, I proceed to pass
the following;
ORDER
I. The writ petition is allowed.
II. The impugned order passed by the respondent
No.3 dated 06.03.2024 at Annexure-F, is quashed.
III. The respondents are directed to reinstate the
petitioner into service with all consequential reliefs
and all benefit of service.
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IV. The liberty is given to the respondent No.3 to hold
proper enquiry in accordance with Rules and pass
appropriate orders.
Sd/-
JUDGE
KJJ
CT:PK
