Karnataka High Court
Ravishankar B R vs The State Of Karnataka on 23 June, 2025
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2025:KHC:22874-DB
WP No. 30237 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE T.M.NADAF
WRIT PETITION NO.30237 OF 2024 (S-KSAT)
BETWEEN:
RAVISHANKAR B R
S/O REVANNA. B. M.
AGED ABOUT 38 YEARS,
ACCOUNTS SUPERINTENDENT,
O/O THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYATH, CHAMARAJANAGARA,
R/O NO.5848, 23RD CROSS,
2ND STAGE, VIJAYANAGARA,
MYSORE - 570 017.
...PETITIONER
(BY SRI. G.T.KUMARA, ADVOCATE)
Digitally signed
by AND:
MADHUSHREE
H
1. THE STATE OF KARNATAKA
Location: High
Court of REPRESENTED BY THE ADDITIONAL CHIEF
Karnataka SECRETARY, DEPARTMENT OF FINANCE,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE PRINCIPAL DIRECTOR
KARNATAKA STATE AUDIT AND ACCOUNTS
DEPARTMENT, TTMC BUILDING,
3RD FLOOR, A BLOCK,
B.M.T.C., SHANTINAGAR,
BANGALORE-560 027.
...RESPONDENTS
(BY SRI. KHAMROZ KHAN, AGA)
-2-
NC: 2025:KHC:22874-DB
WP No. 30237 of 2024
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO A) PERUSE
AND QUASH THE IMPUGNED FINAL ORDER DATED 24.04.2024
PASSED IN APPLICATION NO.5165/2023 VIDE ANNEXURE C
PASSED BY THE BENCH OF THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU; b) ISSUE A WRIT
OF MANDAMUS THEREBY ALLOWING THE APPLICATION
BEARING APPLICATION No.5165/2023 FILED BY THE
PETITIONER ON THE FILE OF THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE AND GRANT ALL
THE RELIEFS AS SOUGHT FOR BY THE PETITIONER IN THE
SAID APPLICATION AND DIRECT THE 2ND RESPONDENT TO
REGULARIZE THE LEAVE PERIOD OF THE APPLICANT AS
PERIOD SPENT ON DUTY AND ADJUST THE SAID LEAVE AS
COMMUTED LEAVE AS WELL AS EARNED LEAVE TO HIS CREDIT
AND TO EXTEND ALL THE CONSEQUENTIAL BENEFITS AND c)
PASS ANY SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE
COURT DEEMS FIT UNDER THE GIVEN CIRCUMSTANCES OF
THE CASE INCLUDING THE AWARD OF THE COSTS IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE MR JUSTICE T.M.NADAF
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioner, who is working as Accounts Assistant in the Office of the Chief Executive Officer, Zilla Panchayath, Mandya is before this Court aggrieved by order dated 24.04.2024 in Application No.5165/2023 passed by the -3- NC: 2025:KHC:22874-DB WP No. 30237 of 2024 HC-KAR Karnataka State Administrative Tribunal, Bengaluru (for short, 'the Tribunal') rejecting his challenge to Annexure - A14 - endorsement under which, his request to treat the period between 22.11.2022 to 28.12.2022 as spent on duty, is rejected.
2. Heard Sri.G.T.Kumara, learned counsel for the petitioner, learned AGA for respondents No.1 and 2 and perused the entire writ petition papers.
3. The petitioner was transferred and on his transfer, he failed to report to duty to his transferred place. Instead of reporting to duty at transferred place, he applied leave from 22.11.2022 to 28.12.2022. On 29.12.2022, he reported to duty at the transferred place. Subsequently, the petitioner applied requesting to treat the period between 22.11.2022 to 28.12.2022 as leave by setting off accrued leave to the petitioner, which request was rejected under Official Memorandum dated 05.09.2023 (Annexure - A14). Challenging the said -4- NC: 2025:KHC:22874-DB WP No. 30237 of 2024 HC-KAR Official Memorandum, the petitioner was before the Tribunal in the above stated Application No.5165/2023. The Tribunal under impugned order rejected his application stating that no ground is made out to interfere with the impugned endorsement.
4. Sri.G.T.Kumara, learned counsel for the petitioner would submit that rejection of petitioner's representation to treat the period of his absence as leave by setting off the accrued leave is wholly erroneous and further, he submits that the authorities failed to take note of medical certificate dated 22.11.2022 as well as medical fitness certificate dated 29.12.2022 issued by the Senior Specialist, Taluk Hospital, Nanjangud, Mysuru District. Learned counsel would submit that the medical certificate would indicate that the Doctor had certified that the petitioner would require rest from 22.11.2022 to 28.12.2022. Hence, learned counsel referring to Rule 83 of the Karnataka Civil Services Rules (for short, 'KCSR'), submits that if a Government servant applies for leave on -5- NC: 2025:KHC:22874-DB WP No. 30237 of 2024 HC-KAR transfer on medical grounds, the same shall be considered by the authorities. The authorities have failed to exercise their jurisdiction under Rule 83 of the KCSR. Hence, he prays to allow the writ petition.
5. On the other hand, learned AGA opposes the prayer of the petitioner and submits that under Rule 83 of the KCSR, a transferred Government Servant would not be entitled to apply leave. Learned AGA referring to the Show Cause Notice issued to the petitioner dated 24.04.2023, submits that the petitioner in his reply, only stated that he had no intention of remaining unauthorized absence from 22.11.2022 to 28.12.2022 and requested for granting of leave. It is the submission of learned AGA that the petitioner had not produced medical certificate along with the reply or along with the application to sanction leave. The two certificates are produced only before the Tribunal as well as this Court. Thus, he sought for rejection of the writ petition.
-6-
NC: 2025:KHC:22874-DB WP No. 30237 of 2024 HC-KAR
6. The petitioner was transferred and he was relieved on 15.11.2022 with a direction to report at Head Office under O.M. dated 15.11.2022 (Annexure - A1). On his relieve, before reporting to duty at Head Office, the petitioner was given further posting under O.M. dated 22.11.2022 to the Office of the Chief Executive Officer, Zilla Panchayath, Mandya. The petitioner failed to report to duty in terms of O.M. dated 22.11.2022 within the joining time. He reported to duty only on 29.12.2022. Subsequently, the respondents issued Show Cause Notice dated 24.04.2023 (Annexure - A12) to show cause as to why the period between 22.11.2022 to 28.12.2022 shall not be treated as unauthorized absence under Rule 106-A of the KCSR. The petitioner is said to have submitted his reply to his Head Office, which was forwarded under covering letter dated 20.05.2013 (Annexure - A13), wherein, it indicates that the petitioner had replied stating that he had no intention to remain unauthorized absence from 22.11.2022 to 28.12.2022 and requested for grant of -7- NC: 2025:KHC:22874-DB WP No. 30237 of 2024 HC-KAR leave. Admittedly, the petitioner has not enclosed any medical certificate along with his reply. Thereafter, impugned O.M. dated 05.09.2023 is passed treating the period between 22.11.2022 to 28.12.2022 as unauthorized absence under Rule 106-A of the KCSR.
7. Learned counsel vehemently argued placing reliance on medical certificate and medical fitness certificate produced along with the writ petition, that under Rule 83 of the KCSR, if a transferred employee applies for leave under medical grounds, the authorities shall sanction leave. In terms of Rule 83 of the KCSR, where a Government servant applies for leave on transfer, no leave shall be granted except on medical grounds. The petitioner has failed to demonstrate that he had applied leave on medical grounds on his transfer. A perusal of medical certificate indicates that the dates mentioned in those certificates are over written. A close examination of the certificates state that those certificates are obtained subsequently in the year 2023. The date is over written -8- NC: 2025:KHC:22874-DB WP No. 30237 of 2024 HC-KAR as '2022'. The petitioner has not come before this Court with clean hands. The person, who approaches the Court with false document or documents and with unclean hands, would not be entitled for discretionary relief under Article 226 of the Constitution of India.
8. For the reasons stated above, the writ petition stands dismissed with cost of Rs.10,000/- payable to the Karnataka State Legal Services Authority. If petitioner fails to deposit the said cost within one month from today, the Chief Executive Officer, Zilla Panchayat, Mandya shall deduct Rs.10,000/- from the salary of the petitioner and shall remit to the Karnataka State Legal Services Authority, Bengaluru, forthwith.
Sd/-
(S.G.PANDIT) JUDGE Sd/-
(T.M.NADAF) JUDGE MH/-
List No.: 1 Sl No.: 22