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