IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23^RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

WRIT APPEAL NO. 100193 OF 2025 (S-RES)

BETWEEN:

1. THE STATE OF KARNATAKA REPRESENTED BY THE MISSION DIRECTOR NATIONAL HEALTH MISSION HEALTH AND FAMILY WELFARE DEPARTMENT, AROGYA SOUDHA, 1^ST FLOOR, MADAGI ROAD, BENGALURU-560023.

2. DISTRICT HEALTH AND FAMILY WELFARE OFFICER OFFICE OF THE DISTRICT HEALTH AND FAMILY WELFARE, ROOM NO.130, DISTRICT ADMINISTRATION OFFICE, Digitally signed by BHARATHI H M NAVANAGAR BAGALKOTE-587103.

Location: HIGH COURT OF KARNATAKA D D H at A e: R 2 W 0 A 2 D 5. 1 B 0 E . N 28 CH

11:28:36 +0530 3. DISTRICT SURVEYOR DISTRICT SURVEY OFFICE BAGALKOTE-587103.

4. DEPUTY DIRECTOR U.H.C.

UNIVERSAL HEALTH CARE NATIONAL HEALTH MISSION, AROGYA SOUDHA, 1^ST FLOOR, MADAGI ROAD, BENGALURU-560023.

…APPELLANTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE, ADVOCATE)

AND:

1. SONALI C/O. BASAVARAJ BALLOLLI AGE: 42 YEARS, OCC: DISTRICT PROGRAM MANAGER OFFICE OF THE DISTRICT HEALTH AND FAMILY WELFARE, R/O: 12/B6 BTDA, VIDYAGIRI, BAGALKOTE-587102.

2. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, BAGALKOTE-587103.

…RESPONDENTS (BY SRI. ANKIT R. DESAI, ADVOCATE FOR R1)

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET-ASIDE THE ORDER DATED. 10-12-2024 IN WP NO.104924/2024 PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

The State authorities in the Health and Family Welfare Department are in appeal under Section 4 of the Karnataka High Court Act, 1961 questioning the correctness and legality of the order dated 10.12.2024 in Writ Petition No.104924/2024, whereunder the learned Single Judge quashed the Official Memorandum dated 09.08.2024 relieving respondent No.1 from service.

2. Heard learned Additional Government Advocate, Sri.G.K.Hiregoudar for appellants and learned counsel, Sri.Ankit R Desai for the respondent/caveator. Perused the entire writ appeal papers.

3. The respondent No.1 was working as District Program Manager under the National Health Mission on contractual basis since 26.05.2017. Initially, respondent No.1 was appointed on contractual basis for a period of one year and was continued from time to time. Under impugned Official Memorandum dated 09.08.2024 (Annexure-D), the District Health and Family Welfare Officer, Bagalkot relieved respondent No.1. Questioning the said Official Memorandum, respondent No.1 was before this Court in the aforesaid writ petition. Learned Single Judge only on the ground that no notice or enquiry is conducted by providing fair opportunity of hearing before relieving the respondent, allowed the writ petition directing the appellants herein to reinstate respondent No.1 with full backwages. Questioning the said order, the State Authorities are before this Court in this writ appeal.

4. Learned Additional Government Advocate, Sri.G.K.Hiregoudar would contend that respondent No.1 was on contract appointment for a period of one year and though he was continued from time to time, there was no specific order to continue the respondent as she was a temporary contractual appointee, who was relieved from duties under Annexure-D by an order of termination simplicitor. As the Official Memorandum relieving the respondent would not indicate any allegation or stigma, he submitted that the learned Single Judge is not justified in allowing the writ petition. Further, learned Additional Government Advocate would submit that the learned Single Judge has not granted liberty to proceed against the respondent for misconduct, if any. It is also his submission that the learned Single Judge ought to have reserved liberty to the appellants to conduct enquiry a