DR. PADMANAND vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10946-DB
WP No. 204198 of 2026
CNR: KAHC030109572026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 7 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
WRIT PETITION NO. 204198 OF 2026 (S-KSAT)
BETWEEN:
DR. PADMANAND S/O AMRUTHRAO GAIKWAD,
AGED ABOUT 47 YEARS, OCC: DOCTOR,
DISTRICT LEPROSY ERADICATION OFFICER, YADGIR,
R/O. RS APARTMENT B-4 SECOND FLOOR,
KHASWASAPURA ROAD, SHAHAPUR TOWN,
TQ. SHAHAPUR, DIST. YADGIR -585223.
…PETITIONER
(BY SRI. SHRAVANKUMAR G. MATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF HEALTH AND
FAMILY WELFARE,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
M.S.BUILDING, BENGALURU -560001.
2. THE KARNATAKA LOKAYUKTA,
M.S.BUILDING, BENGALURU,
REPRESENTED BY ITS REGISTRAR-3 -560001.
3. THE COMMISSIONER,
HEALTH AND FAMILY
WELFARE DEPARTMENT,
AROGYA SOUDHA, MAGADI ROAD,
BENGALURU -560023.
Digitally signed by
B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
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4. THE CHIEF VIGILANCE OFFICER,
HEALTH AND FAMILY
WELFARE DEPARTMENT,
AROGYA SOUDHA, MAGADI ROAD,
BENGALURU -560023.
5. THE DIVISIONAL JOINT DIRECTOR,
HEALTH AND WELFARE DEPARTMENT,
KALABURAGI DIVISION,
KALABURAGI -585101.
6. THE DEPUTY COMMISSIONER,
YADGIR DISTRICT, YADGIR -585201.
7. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT, YADGIR -585201.
8. THE DISTRICT HEALTH OFFICER,
HEALTH AND FAMILY
WELFARE DEPARTMENT, YADGIR -585201.
…RESPONDENTS
(BY SRI NARENDRA M. REDDY, HCGP FOR R1, R3 TO R6 & R8;
SRI. SUBHASH MALLAPUR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS WRIT
PETITION BY DIRECTING THE KARNATAKA ADMINISTRATIVE
TRIBUNAL BENCH AT KALABURAGI TO CONSIDER THE INTERIM
PRAYER IN APPLICATION NO.20381/2026 FILED BY THE PETITIONER
THE ORDER-SHEET OF WHICH IS AT ANNEXURE-C.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
and
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
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WP No. 204198 of 2026
CNR: KAHC030109572026
ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. Learned High Court Government Pleader accepts
notice for respondent Nos.1, 3 to 6 and 8.
Sri Subhash Mallapur, learned Special Public
Prosecutor accepts notice for respondent No.2.
2. The petitioner has filed this writ petition seeking writ
of mandamus directing the Karnataka State
Administrative Tribunal, Kalaburagi, (hereinafter
referred to as ‘the Tribunal’) to consider the interim
prayer made in Application No.20381/2026 filed by
the petitioner.
3. The petitioner approached the Tribunal by filing
Application No.20381/2026 with interim prayer. The
matter was listed before the Tribunal on 31.07.2026.
The Tribunal issued notice to respondent No.7 and
adjourned the matter to 21.08.2026. On 21.08.2026,
the counsel appearing for respondent No.2 sought
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WP No. 204198 of 2026
CNR: KAHC030109572026
time to clarify regarding the parallel proceedings
initiated against the petitioner and ordered to await
service of notice in respect of respondent No.7 and
adjourned the matter to 28.08.2026. On 28.08.2026,
the learned Additional Government Advocate and
learned Standing Counsel for respondent No.2 sought
time to submit their say on the observations made
by the Tribunal on 31.07.2026 and again, the matter
was adjourned to 11.09.2026. Even on 11.09.2026,
the matter was adjourned to 06.11.2026.
4. The petitioner aggrieved by the action of the Tribunal
in not considering the interim prayer, has filed this
writ petition seeking mandamus directing the
Tribunal to pass an appropriate order on the interim
prayer.
5. Heard the learned counsel for the petitioner, the
learned High Court Government Pleader appearing
for respondent Nos.1, 3 to 6 and 8 and Sri Subhash
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Mallapur, learned Special Public Prosecutor for
respondent No.2.
6. The learned counsel for the petitioner submits that
two parallel proceedings have been initiated against
the petitioner by the Lokayukta as well as the
Department. It is impermissible to conduct two
parallel proceedings against the petitioner for the
same charges. The said aspect was not considered
by the Tribunal and the Tribunal also did not consider
the interim prayer. He submits that if the interim
order as prayed for is not granted, the very purpose
of filing the application would be rendered
infructuous. Hence, on these grounds, he prays for
issuance of a direction to the Tribunal to pass orders
on the interim prayer.
7. Perused the petition papers and considered the
submissions of the learned counsel for the petitioner.
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8. The application was presented before the Tribunal on
30.07.2026 and the matter was listed before the
Tribunal on 31.07.2026. On 31.07.2026, the Tribunal
has passed the following order:
“Heard the learned Counsel for the
applicant and perused the records.
The learned Counsel for the applicant
submits that two parallel enquiries have been
initiated as against the applicant by the
Lokayukta as well as the department.
Form the submission, It Is
impermissible to conduct two parallel
proceedings against the applicant for same
charge/s.
As such, Sri Viranagouda M. Biradar, the
learned AGA is directed to accept notice for
Respondent Nos.1, 3, 4 to 6 & 8.
Sri Prabhugouda S Patil, learned
Standing Counsel for Lokayukta is directed to
accept notice for Respondent No.2.
Issue notice to Respondent No.7
through RPAD.
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In the meantime, the learned AGA and
learned Standing Counsel for Lokayukta are
directed to take instructions from the
Respondents as to whether is there any
parallel proceedings initiated as against the
applicant for same charge/s as submitted by
the learned Counsel for the applicant and
submit their say on next date of hearing on
interim prayer.
Call on 21.08.2026.”
9. The Tribunal heard the learned counsel for the
applicant and perused the records. Learned counsel
for the applicant submitted that two parallel
enquiries have been initiated against the applicant by
the Lokayukta as well as the Department. From the
submission of the learned counsel for the
applicant/petitioner, it is impermissible to conduct
two parallel proceedings against the
petitioner/applicant for the same charge. Taking note
of the said submission, the Tribunal directed the
learned Additional Government Advocate to accept
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notice and also directed the counsel appearing for
the Lokayukta to accept notice. The Tribunal further
issued notice to respondent No.7 and adjourned the
matter.
10. From the perusal of the records, it clearly discloses
that the Tribunal has not considered the interim
prayer. If the Tribunal does not pass an order on the
interim prayer, the application filed by the petitioner
becomes redundant. Therefore, in the facts and
circumstances of the case, we proceed to pass the
following:
ORDER
i. The Writ Petition is disposed of
directing the Karnataka State
Administrative Tribunal, Kalaburagi, to
consider the interim prayer made in the
Application No.20381/2026 filed by
petitioner and pass appropriate orders in
accordance with law.
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ii. It is made clear that we have not made
any adjudication on the merits in issue.
iii. All the contents of the parties are kept
open.
In view of the disposal of petition, I.A.No.1/2026
does not survive for consideration. Accordingly,
same stands disposed of.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
NB
List No.: 2 Sl No.: 11
Ct:pk