Termination of employment, including contractual appointments, without providing a notice or an opportunity to be heard violates the principles of natural justice (audi alteram partem) and mandatory government guidelines, rendering such dismissal illegal and arbitrary.

WRIT PETITION

BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

BETWEEN:

SHIVAPPA HANUMAPPA BHAJANTRI

AGE: 36 YEARS, OCC: NOW NIL,

R/O. LINGANABANDI VILLAGE,

P/O. HIREHARALAHALLI, TQ: YALBURGA,

DIST: KOPPAL-583277.

…PETITIONER

(BY SRI. AVINASH S. MALIPATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

BY CHIEF SECRETARY,

SOCIAL WELFARE DEPARTMENT,

VIKAS SOUDHA, BENGALURU-560001.

2. DEPUTY DIRECTOR

SOCIAL WELFARE DEPARTMENT,

DsGBi YIigg RAni Ite HJadAAl b Ty Ay T.I KOPPAL, DIST: KOPPAL-583231.

G BYIR AI HJA A TA T. I LHOKDBD21+04o EAH aF 0IcG 2:tNR 54A ea 6H 3N 6C:Rt

.

0i

0:

A Ho W 4C 2n T 8O .A: 1AU D 1KR AT

3. THE PRINCIPAL

MORARJI DESAI RESIDENTIAL SCHOOL,

LINGANABANDI, TQ: YELBURGA,

DIST: KOPPAL-583236.

4. THE PRESIDENT

KOPPAL DISTRICT PUBLIC RESIDENTIAL HOSTELS,

WORKERS CO-OPERATIVE SOCIETY,

R/O. GURUBASAVANILAYA SATHYA DHYANA

PURA BADAVANE, PROMOD TEMPLE ROAD,

KOPPAL-583231.

5. UMESH HANAMAPPA JAMBALI

AGE: 34 YEARS, OCC: AGRICUTLURE,

R/O. LINGANABANDI VILLAGE,

P/O. HIREHARALAHALLI, TQ: YELBURGA,

DIST: KOPPAL-583277.

…RESPONDENTS

(BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 AND R2;

SRI. AMIT ANANDHALLI, ADVOCATE FOR

SRI. S.G.KADADAKATTI, ADVOCATE FOR R5;

NOTICE TO R3 AND R4 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE RESPONDENT NO.4 BEARING NO. KOJISAJAWANIKAAKASASAMKO/ NI.YO.GA-2023-24 DATED 08/01/2024 VIDE ANNEXURE-H; ISSUE THE WRIT OF CERTIORARI QUASHING THE APPOINTMENT ORDER PASSED BY THE RESPONDENT NO.4 BEARING NO. NIL AND UNDATED VIDE ANNEXURE-J; ISSUE THE WRIT IN THE NATURE OF MADNAMUS DIRECTING THE RESPONDENTS NO.2 TO 4 TO CONSIDER THE REPRESENTATIONS VIDE ANNEXURE-M, M1 AND M2 DATED 3/2/24 AND 5/2/24 AND 3/2/24 RESPECTIVELY AND APPOINT HIM AS THE WATCHMAN OF THE RESPONDENT NO.3 SCHOOL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

1. The petitioner has called in question the order passed by Respondent No.4 dated 08.01.2024 (Annexure-H), whereby the petitioner was dismissed from service.

2. Heard the learned counsel for the petitioner, learned Additional Government Advocate appearing for Respondent Nos.1 and 2, and learned counsel appearing for Respondent No.5.

3. Though Respondent Nos.3 and 4 are duly served, they have chosen to remain unrepresented.

4. The petitioner was appointed by Respondent No.4 - Society as a Watchman and was deputed to Respondent No.3 Institution, pursuant to the appointment letter dated 21.06.2014. The petitioner continued in service uninterruptedly from 21.06.2014 till December 2024, i.e., till the issuance of the impugned dismissal order.

5. It is stated that, based on a letter addressed by the MLA of the concerned constituency (Annexure-F), Respondent No.2 issued a communication dated 18.11.2023 (Annexure-G) recommending Respondent No.4 to dismiss the petitioner from service and to appoint Respondent No.5 in his place. Prior thereto, Respondent No.2 had addressed a letter to Respondent No.3 directing it to conduct an enquiry and submit a report regarding the alleged complaint given against the petitioner. After