Karnataka High Court
State Of Karnataka vs Sri Chandrashekar B on 21 July, 2025
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2025:KHC:27215-DB
WP No. 24252 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE S.G.PANDIT
WRIT PETITION NO. 24252 OF 2024 (S-KSAT)
BETWEEN:
1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT,
HEALTH AND FAMILY WELFARE
SERVICES DEPARTMENT,
VIKASA SOUDHA, BENGALURU-560001.
2. THE COMMISSIONER
DEPARTMENT OF HEALTH AND
FAMILY WELFARE SERVICES,
ANANDA RAO CIRCLE,
BENGALURU-560009
(NOW AT AROGYA SOUDHA,
MAGADI ROAD, BENGALURU-560023).
Digitally signed
by 3. THE DIRECTOR
MARIGANGAIAH DEPARTMENT OF HEALTH AND
PREMAKUMARI FAMILY WELFARE SERVICES,
Location: HIGH ANANDA RAO CIRCLE,
COURT OF BENGALURU-560009
KARNATAKA
(NOW AT AROGYA SOUDHA,
MAGADI ROAD, BENGALURU-560023).
4. THE CHIEF ADMINISTRATIVE OFFICER
DEPARTMENT OF HEALTH AND
FAMILY WELFARE SERVICES,
ANANDA RAO CIRCLE, BENGALURU-560009
(NOW AT AROGYA SOUDHA,
MAGADI ROAD, BENGALURU-560023).
...PETITIONERS
(BY SRI.V.G. BHANUPRAKASH, AAG A/W
SRI V SHIVA REDDY, AGA)
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WP No. 24252 of 2024
HC-KAR
AND:
SRI CHANDRASHEKAR B
S/O LATE BACHANNA,
AGED ABOUT 45 YEARS,
WORKING AS JUNIOR LAB TECHNICIAN,
PRIMARY HEALTH CENTRE,
KUMBALAGODU,
BENGALURU RURAL DISTRICT,
R/AT NO.4, II-A MAIN,
6TH CROSS, GOVINDARAJANAGAR,
BENGALURU.
...RESPONDENT
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND
B) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ORDER OR
DIRECTION FOR SETTING ASIDE THE ORDER DATED 19.10.2020
PASSED BY THE KSAT BENGALURU IN A.NO-7693/2016 AS THE
SAME IS BAD IN LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
AND
HON'BLE MR. JUSTICE S.G.PANDIT
ORAL ORDER
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Heard Sri.V.G.Bhanuprakash, learned Additional
Advocate General assisted by Sri.V.Shiva Reddy, learned
Additional Government Advocate in support of the
petitioners.
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2. This petition has been filed seeking a writ of
certiorari for setting aside the order of 19.10.2020 passed
by the Karnataka State Administrative Tribunal at
Bengaluru in O.A.No.7693/2016. The contention of the
learned Additional Advocate General appearing for the
petitioners is that there were serious charges against the
delinquent-respondent as he has surreptitiously created a
fake order under the name of Under Secretary to the
Government and forged the Officer's signatures as well as
fabricated Government document dated 27.06.2011 with
fake instruction permitting to keep his service on
deputation at the Director, Karnataka State Insurance
Scheme (Medical) Services, Rajajinagar, Bengaluru and
subsequently submitted the same to counterfeit document
to the Office of the Director, HFW.
3. It is stated that Rule 3 of Sub-Rule (i), (ii) and
(iii) of the Karnataka Civil Service (Conduct) Rules, 1966
were violated leading to disciplinary action under the
Karnataka Civil Services (Classification, Control and
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Appeal) Rules, 1957. Learned Additional Advocate General
has further contended that the Tribunal has misdirected
itself in allowing the application moved by the respondent-
delinquent.
4. When queried, learned Additional Advocate
General appearing on behalf of the petitioners-State has
fairly submitted that there is no statement made in the
petition explaining the delay in challenging the order of the
Tribunal which was passed on 19.10.2020. He however,
has relied upon a decision of the Hon'ble Supreme Court
reported in 2025 SCC Online SC 891 (State of Uttar
Pradesh Through Principal Secretary, Department of
Panchayati Raj, Lucknow Vs. Ram Prakash Singh)
with particular reference to paragraph 62 of the aforesaid
judgment in support of his submission that the delay can
be condoned.
5. However, we find from perusal of the petition that
there is no statement worth its name to explain the delay
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in filing this petition after a period of nearly five years.
Moreover, a perusal of the enquiry report that is enclosed
as Annexure-A6 to this petition, in paragraph No.13,
whereof it is reflected that no evidence was produced
before the Disciplinary Authority on behalf of the
department. It is the case of no evidence. No material has
been shown by the petitioners contrary to the aforesaid
finding of the Disciplinary Authority.
6. The operative part of the order of the Tribunal,
is as follows:- "Application is hereby allowed. The
impugned order bearing No.AaKuKa.125.HSM 2015 dated
08.06.2016 vide Annexure-A8 passed by the 1st
respondent and order No.DPN (01) CR-44/2011-12 dated
06.07.2016 vide Annexure-A9 passed by the 4th
respondent, are hereby set aside. Respondents are
directed to reinstate the applicant and the matter is
remanded to respondents with a direction to consider the
reply submitted by the applicant dated 08.05.2015 and
01.06.2015, in accordance with law and to pass
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appropriate order by following Rule 11A of the KCS (CC&A)
Rules, 1957, within four months from the date of receipt of
a certified copy of this order. However, it is made clear
that the applicant is not entitled for any backwages".
7. The aforesaid order calls for no interference.
For the reasons aforesaid, we dismiss this petition.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(S.G.PANDIT)
JUDGE
NC
CT:bms
