STATE OF KARNATAKA vs SMT SANDHYA SARASWATHI

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WP No. 18895 of 2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 18895 OF 2021 (S-KSAT)
C/W
WRIT PETITION NO. 22238 OF 2022 (S-KSAT)
IN WP No. 18895/2021:
BETWEEN:
1. THE PRINCIPAL SECRETARY
EDUCATION DEPARTMENT,
M.S.BUILDING,
BENGALURU-560001.
2.
THE COMMISSIONER,
DEPARTMENT OF PUBLIC
INSTRUCTIONS AND THE
APPOINTING AUTHORITY,
NEW PUBLIC BUILDING,
NRUPATHUNGA ROAD,
BENGALURU-560001.
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
3. THE JOINT DIRECTOR OF PUBLIC INSTRUCTIONS
KARNATAKA SECONDARY EDUCATION BOARD,
MYSORE DIVISION,
MYSORE-570024.
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
DEPARTMENT OF PUBLIC INSTRUCTIONS,
UDUPI-576101.
5. THE BLOCK EDUCATION OFFICER
DEPARTMENT OF PUBLIC INSTRUCTIONS,
KUNDAPURA ZONE,

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KUNDAPURA,
UDUPI DISTRICT-576201.
6.
THE VICE PRINCIPAL
GOVERNMENT PRE UNIVERSITY COLLEGE,
(HIGH SCHOOL SECTION)
SHANKARANARAYANA,
KUNDAPUR TALUK,
UDUPI DISTRICT-576227.
7. SRI SHESHASHAYANA
AGED ABOUT 60 YEARS,
S/O K RAMACHANDRA ACHARYA,
DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,
UDUPI-576101
R/O FLAT NO.109,
JANARDHANA,
AMBALPADY, UDUPI-576201.
…PETITIONERS
(BY SRI. S.C. DESHMUKH, AGA)
AND:
SMT. SANDHYA SARASWATHI
51 YEARS,
W/O. P. K. GANAPATHI BHAT,
WORKING AS HEADMASTER,
GOVERNMENT PU COLLEGE,
(HIGH SCHOOL SECTION)
PADUBIDRI UDUPI TALUK AND DISTRICT,
NOW POSTED TO GOVERNMENT PU COLLEGE,
SHANKARANARAYANA,
(SECONDARY SCHOOL DIVISION)
KUNDAPURA RANGE,
UDUPI-576227.
R/O NANDADEEP,
ADANARU VILLAGE AND POST,
UDUPI TALUK AND DISTRICT-576101.
…RESPONDENT
(BY SRI. SUBRAMANYA BHAT. M., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR

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WP No. 18895 of 2021
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RECORDS, QUASH THE IMPUGNED ORDER DATED 16.03.2021
PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BENGALURU IN APPLICATION No-3850 AND
6649/2020 (ANNEXURE-A) AS THE SAME IS BAD IN LAW AND
ETC.
IN WP NO. 22238/2022:
BETWEEN:
1. STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION,
M.S. BUILDING,
DR.AMBEDKAR VEEDHI,
BENGALURU-01.
2.
THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTION
AND APPOINTING AUTHORITY
NEW PUBLIC BUILDING,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
3. THE JOINT DIRECTOR OF PUBLIC INSTRUCTIONS
KARNATAKA SECONDARY EDUCATION,
EXAMINATION BOARD,
MYSURU DIVISION,
MYSURU-570 024.
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
DEPARTMENT OF PUBLIC INSTRUCTIONS,
UDUPI-576 101.
5. THE BLOCK EDUCATION OFFICER
DEPARTMENT OF PUBLIC INSTRUCTIONS,
KUNDAPURA ZONE, KUNDAPURA,
UDUPI DISTRICT-576 201.
6. THE VICE PRINCIPAL
GOVRNMENT PRE UNIVERSITY COLLEGE,
(HIGH SCHOOL SECTION)

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SHANKARANARAYANA, KUNDAPURA TALUK,
UDUPI DISTRICT-576 227.
...PETITIONERS
(BY SRI. S.C. DESHMUKH, AGA)
AND:
SMT. SANDHYA SARASWATHI
W/O SRI P K GANAPATHI BHAT
AGED 53 YEARS,
WORKING AS HEAD MASTER
GOVERNMENT OF PU COLLEGE,
(HIGH SCHOOL SECTION)
PADUBDRI, UDUPI TALUK AND DISTRICT,
NOW POSTED TO GOVERNMENT,
P.U.COLLEGE, SHANKARANARAYANA
(SECONDARY SCHOOL DIVISION)
KUNDAPURA RANGE, UDUPI-576 227.
RESIDING AT NADADEEPA
ADAMARU VILLAGE AND POST UDUPI TALUK
AND DISTRICT-576 101.
...RESPONDENT
(BY SRI. SUBRAMANYA BHAT M., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS, ISSUE WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE
ORDER DATED 12/04/2022 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION
NO.3885 OF 2021 AND ETC.
THESE PETITIONS ARE COMING ON FOR PRELIMINARY
HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The parties in both the above writ petitions are
common and the issues raised are also common. As such,
both the writ petitions are heard together and disposed of
by this common order.
2. In WP No. 18895/2021, the State Authorities in
the Education Department are before this Court,
questioning the order dated 16.03.2021 passed in
Application Nos.3850 and 6649/2020, whereunder the
respondent's applications questioning the articles of
charge dated 17.09.2017 (2018) (Annexure-A3) and the
articles of charge dated 28.08.2020 (Annexure-A15) were
quashed, with a further direction to the petitioners herein
to open the sealed cover procedure followed in respect of
the respondent and consider her case for promotion based
on the decision contained in the sealed cover and, in case
the sealed cover procedure was not followed, to promote

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the respondent from the date on which her juniors were
promoted to the next cadre.
3. In WP No. 22238/2022, the petitioners, i.e., the
Authorities in the Education Department, are before this
Court questioning the order dated 12.04.2022 passed in
Application No. 3885/2021, whereunder the respondent's
application challenging the articles of charge/show-cause
notice dated 16.04.2021 (Annexure-A13) was quashed,
with a further direction to the petitioners herein to
sanction two additional increments upon completion of 25
years of service and pay the arrears along with interest at
the rate of 12% per annum.
4. Heard learned AGA Sri S.C. Deshmukh for the
petitioners-State Authorities and learned counsel Sri
Subramanya Bhat M. for the respondent in both the writ
petitions. Perused the entire writ petition papers.
5. Brief facts of the case are that the respondent,
who was at the relevant point of time, working as a

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Secondary School Assistant Teacher, Grade-II, was issued
articles of charge dated 17.09.2017 (2018) (Annexure-A3)
and articles of charge dated 11.06.2019 (Annexure-A9).
She approached the Tribunal contending that the Authority
i.e., the Deputy Director of Public Instructions
(Administration), had no jurisdiction or competence to
issue articles of charge to the respondent, in view of the
fact that her appointing authority was the Joint Director of
Public Instructions, who was respondent No. 3 therein. The
Tribunal, accepting the said contention as well as going
into the merits of the charges alleged against the
respondent, quashed the articles of charge and further
directed the petitioners-Authorities to promote the
respondent to the next higher cadre from the date on
which her juniors were promoted to the higher cadre.
6. It is brought to our notice by the learned
Additional Government Advocate, by filing a memo dated
30.09.2026 enclosing O.M. dated 23.02.2022, that the

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respondent was promoted to the next higher cadre of
Secondary School Headmaster, Group-B cadre, with effect
from 09.09.2020, the date on which her juniors were
promoted.
7. In WP No. 22238/2022, the respondent was
before the Tribunal questioning the articles of charge
dated 16.04.2021 (Annexure-A13), contending that the
articles of charge dated 16.04.2021 were identical to the
articles of charge which had already been quashed and
that no liberty had been granted to the Authorities to issue
fresh articles of charge. Accepting the said contention, the
Tribunal quashed the articles of charge dated 16.04.2021
(Annexure-A13). Questioning the two orders passed by
the Tribunal in the respective applications, the State
Authorities are before this Court in these writ petitions.
8. Learned Additional Government Advocate
Sri S.C. Deshmukh would contend that the Tribunal
committed a grave error in quashing the articles of charge

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in both the applications, which are the subject matter of
the above writ petitions. Further, he would submit that the
respondent was appointed as a Secondary School
Assistant Teacher, Grade-II, by O.M. dated 30.08.1994
issued by the Joint Director-respondent No.3. However, he
invites attention of this Court to Schedule II to the
Karnataka Civil Services (Classification, Control and
Appeal) Rules, 1957 (for short 'CCA Rules'), and submits
that the Deputy Director of Public Instruction is the
authority empowered to impose penalties, including major
penalties. He would further submit that the Joint Director
of Public Instruction is the Appellate Authority. Therefore,
merely because the Joint Director appointed the
respondent, the Tribunal could not have set aside the
articles of charge. It is submitted that the order passed by
the Tribunal setting aside the articles of charge suffers
from non-application of mind, inasmuch as, without
noticing the relevant Rules, the Tribunal quashed the
articles of charge.

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9. Further, learned AGA would submit that the
Tribunal could not have gone into the correctness or
otherwise of the charges alleged against the respondent. It
is submitted that whether the charges alleged against the
respondent are correct or otherwise is for the Enquiry
Officer to decide on the basis of the material that would be
produced before him. It is specifically contended that the
Tribunal could not have examined the correctness or
otherwise of the charges at the initial stage.
10. Insofar as the articles of charge dated
16.04.2021 (Annexure-A13) is concerned, learned AGA
would submit that the said articles of charge were issued
by the Joint Director-respondent No.3 therein and that the
charges were different. As such, the Tribunal was not
justified in quashing the articles of charge on the ground
that the charges which had already been quashed could
not have been made the subject matter of fresh articles of
charge dated 16.04.2021. However, learned AGA would

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submit that if the petitioners succeed in WP
No.18895/2021, the present writ petition would become
academic in nature. Thus, he would pray for allowing the
writ petitions.
11. Per contra, learned counsel Sri Subramanya Bhat
for the respondent in both the writ petitions made his best
effort to sustain the orders passed by the Tribunal.
Learned counsel submitted that the appointing authority
insofar as the respondent is concerned was the Joint
Director, who alone had the power to initiate an enquiry
by issuing articles of charge. Further, learned counsel Sri
Subramanya Bhat M. would submit that the charges are
very frivolous and that the Tribunal has rightly examined
the same on merits and set aside the articles of charge.
12. Further, insofar as the articles of charge dated
16.04.2021 in WP No. 22238/2022 are concerned, learned
counsel would submit that once the articles of charge are
quashed without granting liberty, the petitioners-

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Authorities could not have issued fresh articles of charge
containing the same allegations. Thus, he would pray for
dismissal of the writ petitions. Further, learned counsel
Sri Subramanya Bhat M. would submit that, if at all this
Court comes to the conclusion that the Deputy Director of
Public Instructions had the competence to issue articles of
charge, the promotion of the respondent may be
maintained till the enquiry is concluded.
13. Annexure-A3 dated 17.09.2017 as well as
Annexure-A9 dated 11.06.2019 are articles of charge
issued under Rule 11 of the CCA Rules by the Deputy
Director (Administration), Department of Public
Instructions. Rule 11 of the CCA Rules empowers the
Disciplinary Authority to issue articles of charge for
imposition of major penalties under Rule 8(v) to (viii) of
the CCA Rules. Rule 10A prescribes the authority
competent to institute proceedings, which reads as
follows:

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"(1) The Governor or any other authority empowered
by him by general or special order may, -
(a) institute disciplinary proceedings against any
Government servant;
(b) direct a Disciplinary Authority to institute
disciplinary proceedings against any Government
servant on whom that Disciplinary authority is
competent to impose under these rules any of
the penalties specified in rule 8
(2) A Disciplinary Authority competent under these
rules to impose any of the penalties specified in
clauses (i) to (iv-a) of rule 8 may institute disciplinary
proceedings against any Government servant for the
imposition of any of the penalties specified in clauses
(v) to (viii) of rule 8 notwithstanding that such
disciplinary authority is not competent under these
rules to impose any of the latter penalties.]"
14. A reading of the above Rule makes it clear that
the Governor or any other authority empowered by him by
general or special order may institute disciplinary
proceedings or direct the Disciplinary Authority to institute
disciplinary proceedings against any Government servant.

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In other words, a Disciplinary Authority is competent to
initiate an enquiry against a Government servant, either
for imposing a minor penalty or a major penalty.
15. Schedule II to the CCA Rules prescribes the
authority empowered to appoint, the authority empowered
to impose penalties, and the appellate authorities. Insofar
as the Education Department is concerned, in respect of
Secondary School Assistant Teachers, Grade-I and Grade-
II, the Deputy Director of Public Instruction is the
appointing authority and is empowered to impose major
penalties under Rule 8(v) to (viii) of the CCA Rules.
However, the Joint Director of Public Instructions is the
Appellate Authority.
16. The Tribunal, without noticing the relevant
Rules, blindly accepting the contention of the applicant
that she was appointed by the Joint Director-respondent
No.3 therein, quashed the articles of charge. The
Disciplinary Authority or any other authority empowered

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under the Rules is competent to initiate departmental
proceedings. Under the CCA Rules, insofar as the
Education Department is concerned, the Deputy Director
of Public Instruction is the appointing authority as well as
the authority empowered to impose major penalties.
Therefore, the Tribunal was in error in quashing the
articles of charge.
17. Furthermore, the Tribunal could not have
examined the charges to determine whether it would
amount to insubordination or whether it would constitute
prima facie misconduct on the part of the respondent.
Whether the alleged conduct constitutes misconduct or
insubordination is for the Enquiry Officer to decide on the
basis of the material that would be placed before the
Enquiry Officer. At the stage of challenge to the articles of
charge, the Tribunal could only examine jurisdictional
question and any allegation of mala fides, if made.

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18. For the reasons recorded above, the writ
petition deserves to be allowed. However, since the
respondent has already been promoted to the next higher
cadre of Headmaster, Secondary School, the promotion of
respondent shall not be disturbed till the conclusion of the
enquiry and passing of the final order. However, the
promotion of the respondent shall be subject to the
outcome of the enquiry that may be proceeded with in
terms of the articles of charge, if they choose to proceed
further.
19. Hence, the following:
ORDER
i. WP No.18895/2021 is allowed.
ii. Order dated 16.03.2021 in Application
Nos.3850 and 6649/2020 passed by the
Tribunal, is set aside.
iii. The petitioners are directed not to disturb the
promotion of respondent till the conclusion of
the enquiry in terms of the articles of charge

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dated 17.09.2017 (2018) (Annexure-A3) and
dated 28.08.2020 (Annexure-A15). However,
the promotion would be subject to the outcome
of the enquiry.
iv. In view of WP No.18895./2021 having been
allowed, nothing would survive for
consideration in WP No.22238/2022.
Accordingly, the said petition stands disposed
of .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
List No.: 1 Sl No.: 17