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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NC: 2025:KHC:27215-DB
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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NC: 2025:KHC:27215-DB WP No. 24252 of 2024 HC-KAR
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 -4- NC: 2025:KHC:27215-DB WP No. 24252 of 2024 HC-KAR 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 -5- NC: 2025:KHC:27215-DB WP No. 24252 of 2024 HC-KAR 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 -6- NC: 2025:KHC:27215-DB WP No. 24252 of 2024 HC-KAR 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 List No.: 1 Sl No.: 17