VITHAL vs THE STATE OF KARNATAKA AND ORS
- Court
- Karnataka High Court
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HC-KAR
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WP No. 203083 of 2023
CNR: KAHC030085742023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
ST
DATED THIS THE 21 DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
WRIT PETITION NO. 203083 OF 2023 (S-KSAT)
BETWEEN:
VITHAL S/O UDDAPPA KHILARI,
AGE: 43 YEARS, OCC: HEAD WARDEN
CENTRAL PRISON, KALABUURAGI,
R/O. CENTRAL JAIL QUARTERS,
KALABURAGI-585102.
…PETITIONER
(BY SRI. GANESH NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME VIDHANA SOUDHA,
BANGALORE-560001.
2. THE UNDER SECRETARY DEPARTMENT OF
INTERNAL ADMINISTRATION
(PRISONS AND FILMS)
VIDHANA SOUDHA,
BANGALORE - 560001.
3. THE DIRECTOR GENERAL OF POLICE
AND INSPECTOR GENERAL OF PRISONS
Digitally signed by
VARSHA N
RASALKAR
Location: HIGH
COURT OF
KARNATAKA
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SHESHADRI ROAD,
BANGALORE -560009
…RESPONDENTS
(BY SMT. MAYA T.R., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OR DIRECTION ORDER WRIT IN THE NATURE
OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 16-
11-2016 ISSUED BY THE RESPONDENT NO.3, ANENXURE-A2,
THE ORDER DATED 2-3-2022 ISSUED BY THE RESPONDENT
NO.2 ANNEXURE-A4, AND ORDER DATED 21-07-2023 ISSUED
BY THE HON’BLE KSAT ANNEXURE-C IN APPLICATION NO.
20474/2022 RESPECTIVELY. B) PASS ANY SUCH ORDER OR
ORDERS AS DEEMED FIT BY THIS HON’BLE COURT UNDER THE
FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
The petitioners filed this writ petition challenging the
order dated 16.11.2016 passed by respondent No.3 vide
Annexure-A2, the order dated 02.03.2022 passed by
respondent No.2 vide Annexure-A4 and the order dated
21.07.2023 passed in A.No.20474/2022 by the Karnataka
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Tribunal
State Administrative Tribunal, Kalaburagi (‘ ’ for
short) vide Annexure-C, respectively.
2. Brief facts leading rise to the filing of this
petition are as follows:
2.1. The petitioner was discharging his duty
sincerely and honestly from the date of appointment, there
is no black stigma on the service of the petitioner. But, on
16.08.2012, when the petitioner was discharging his duty
as a Warden in Central Prison at Dharwad, a convict i.e.,
one Mohammed Haneef @ Haneef S/o Hummabba Byari in
Convict No.1871 has escaped from the custody. As such,
enquiry proceedings were initiated against the petitioner
and others on 16.08.2012. The petitioner was discharging
his duties as Assistant to the DGO-1 Chief Warden in the
main gate. On the sincere duty at about 03:35 p.m.,
convict Mohammed Haneef has escaped from the main
entrance and the petitioner being the Assistant to the
Chief Warden in the main gate, has failed to stop the
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WP No. 203083 of 2023
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escape. On the said allegation, a charge sheet was issued
under Rules 11 and 13 of the Karnataka Civil Services
(Classification, Control and Appeal) Rules, 1957, and
submitted enquiry report to the Disciplinary Authority
stating that the allegations are proved against the
petitioner and others. On the basis of the enquiry report,
the Disciplinary Authority has issued a show-cause notice
along with the enquiry report. The petitioner submitted
reply to the show-cause notice. The Disciplinary Authority
has passed an order of punishment postponing the
petitioner’s two increments effect to future increments and
suspension period treated as such. The petitioner
preferred an appeal against the order of the Disciplinary
Authority. The Appellate Authority dismissed the appeal
vide order dated 02.03.2022. The petitioner approached
the Tribunal in Application No.20474/2022. The Tribunal
rejected the application vide order dated 21.07.2023.
Hence, this petition.
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3. Heard the arguments of learned counsel for the
petitioner and learned Additional Government Advocate for
the respondents.
4. Learned counsel for the petitioner submits that,
the charges levelled against the petitioner are not proved
and the order of punishment is disproportionate to the
gravity of misconduct. He submits that, the petitioner was
allowed to assist the main gatekeeper. Hence, he submits
that, the order of punishment, orders of the Appellate
Authority and the Tribunal are arbitrary and erroneous.
Hence, on these grounds, he prays to allow the writ
petition.
5. Per contra , learned Additional Government
Advocate submits that, the petitioner was on a duty in the
main gate and one convict escaped from the Central Jail.
The petitioner was negligent in discharging his duty. The
enquiry was conducted against the petitioner and the
charges were proved. The respondents have rightly
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passed the order of punishment, which was rightly upheld
by the Appellate Authority and the Tribunal. Hence, on
these grounds, she prays to dismiss the writ petition.
6. Perused the records and considered the
submissions of the learned counsel for the parties.
7. It is an undisputed fact that the petitioner was
posted as in-charge in the main gate of Central Prison at
Dharwad and he was discharging his duty along with
others. On 16.08.2012, one convict escaped from the
Central Prison, at that time, the petitioner and others were
in-charge of the entrance main gate, the petitioner was
not there in the main gate entrance at the time of the
incident. There is negligence on the part of the petitioner
in discharging the duty. The enquiry was conducted
against the petitioner and others and the Enquiry Officer
has submitted a report stating that the charges levelled
against the petitioner and others are proved. A show-
cause notice was issued to the petitioner and others along
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with the enquiry report. The petitioner has submitted a
reply to the Disciplinary Authority. The Disciplinary
Authority, considering the enquiry report, the
recommendation made by the Enquiry Officer, and the
reply submitted by the petitioner, passed an order of
punishment postponing two increments effect to future
increments and suspension period treated as such. The
petitioner, aggrieved by the order of punishment,
approached the Appellate Authority. After hearing the
petitioner, the Appellate Authority dismissed the appeal
vide order dated 02.03.2022. The petitioner approached
the Tribunal in Application No.20474/2022. The Tribunal,
after re-appreciating the entire material placed on record,
dismissed the application vide order dated 21.07.2023.
8. While dismissing the application, the Tribunal
has recorded its findings in paragraph No.17, which reads
as follows:
“17. Based on the evidence placed before enquiry
officer, the enquiry officer has submitted the report
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holding that charge leveled against the applicant is
proved. After issuance of the 2nd show cause notice
dated 25.07.2016 and after receipt of the explanation
from the applicant after considering the same, the
disciplinary authority has passed the penalty order. The
two points that arose in the appeal is that one for
limitation for preferring the appeal after 3 years and 2nd
one non-taking precautionary measures when the
Convictee was nearer to the main gate. The applicant
while opening the door without observing presence of
Convictee near main entrance he opened the main door
and allowed the Convictee to escape from the Central Jail
through main gate, thereby, he has committed dereliction
of duty. The disciplinary authority while imposing penalty
at Anenxure-A2 has reiterated the explanation given by
the applicant and other DGOs. After considering the same
has passed the penalty order and also looking into
consideration of the nature and gravity of the charge
against the applicant, the penalty of withholding two
annual increments with cumulative effect is reasonable,
proper and proportionate, which does not call for any
interference at the hand of this Tribunal. Hence, there is
no merit in the application and the application is liable to
be dismissed.”
9. The Tribunal was justified in rejecting the
application of the petitioner. Hence, we do not find any
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error in the impugned orders. Accordingly, we proceed to
pass the following:
ORDER
dismissed
i. The writ petition is ;
ii. Pending IA(s), if any, shall stand disposed of.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
PA
LIST NO.: 1 SL NO.: 29
Ct:pk