BHIMASHANKAR S JAMADAR vs THE SECRETARY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11579-DB
WP No. 204321 of 2026
CNR: KAHC030106922026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
WRIT PETITION NO. 204321 OF 2026 (S-KSAT)
BETWEEN:
BHIMASHANKAR S.JAMADAR
S/O SIDDARAMAPPA JAMADAR,
AGED ABOUT 50 YEARS,
OCC : JAILER AT SUB-JAIL HUMNABAD,
DEPT. OF PRISONS AND
CORRECTIONAL SERVICES,
GOVT. OF KARNATAKA,
R/O: HUMANBAD, TQ: HUMANBAD,
DIST : KALABURAGI.
…PETITIONER
(BY SRI BHARAMAGOUDA KENCHANA GOUDA PATIL, ADV.)
AND:
1. THE SECRETARY,
HOME DEPARTMENT
(PRISONS AND CINEMA),
GOVT. OF KARNATAKA
II FLOUR ROOM NO.220, B,
VIDHAN SOUDHA,
BANGALORE - 560 001.
2. THE DEPUTY INSPECTOR GENERAL OF PRISONS
DEPT. OF PRISONS AND
Digitally
signed by
SHIVALEELA
D UDAGI
Location:
HIGH COURT
OF
KARNATAKA
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NC: 2026:KHC-K:11579-DB
WP No. 204321 of 2026
CNR: KAHC030106922026
CORRECTIONAL SERVICES
GOVT. OF KARNATAKA,
SESHADRIPURAM ROAD,
BANGALORE – 560 002.
3. THE CHIEF SUPERINTENDENT CENTRAL PRISONS,
DEPT. OF PRISONS AND
CORRECTIONAL SERVICES,
GOVT. OF KARNATAKA,
NANDIKUR, JEWARGI ROAD,
KALABURAGI – 585 103.
4. THE SUPERINTENDENT OF CENTRAL PRISON,
DEPT. OF PRISONS AND
CORRECTIONAL SERVICES, GOVT. OF KARNATAKA,
BIDAR – 585 401.
5. THE SUPERINTENDENT OF CENTRAL PRISON,
DEPT. OF PRISONS AND
CORRECTIONAL SERVICES,
GOVT. OF KARNATAKA,
BELLARI – 583 101.
6. THE SUPERINTENDENT,
CENTRAL PRISON,
DEPT. OF PRISONS AND
CORRECTIONAL SERVICES,
GOVT. OF KARNATAKA,
BELLARY – 583 101.
…RESPONDENTS
(BY SRI NARENDRA M.REDDY, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
WHEREFORE, IT IS MOST RESPECTFULLY PRAYED THAT, THE
HON’BLE COURT BE PLEASED TO SET ASIDE THE ORDER
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HC-KAR
NC: 2026:KHC-K:11579-DB
WP No. 204321 of 2026
CNR: KAHC030106922026
PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL AT KALABURAGI APPLICATION NO.20328/2023
DATED 14-02-2025, IN THE INTEREST OF JUSTICE AND
EQUITY.
B) ISSUE WRIT IN THE NATURE OF CERTIORARI TO
QUASH THE IMPUGNED ORDER VIDE ORDER
DzÉñÀ ¸ÀASÉå
DATED 22-08-2019 PASSED BY THE
:«ZÁgÀuÉ/¹ Dgï-48/2017-18
RESPONDENT NO.2 THE DEPUTY INSPECTOR GENERAL
PRISONS AS PER ANNEXURE-A5, IN THE INTEREST OF JUSTICE
AND EQUITY.
C) ISSUE WRIT IN THE NATURE OF CERTIORARI TO
QUASH THE IMPUGNED VIDE ORDER
¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå :ºÉZïr
AS PER ANNEXURE-A-6 ORDER
13 ¦DgïE 2020 ¨ÉAUÀ¼ÀÆgÀÄ
PASSED BY THE RESPONDENT NO.1 THE SECRETARY, HOME
DEPARTMENT (PRISONS AND CINEMA) GOVT. OF KARNATAKA
DATED 28-03-2022, IN THE INTEREST OF JUSTICE AND
EQUITY.
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. 204321 of 2026
CNR: KAHC030106922026
ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
The petitioner has filed this writ petition assailing the
order dated 14.02.2025 passed in Application No.20328/2023.
2. Brief facts giving rise to filing of this petition are as
under:
The petitioner filed the application challenging the order
dated 22.05.2019 passed by the respondent No.2 and order
dated 28.03.2022 passed by the respondent No.1. The
petitioner was appointed as a jailer on 01.06.1995. The
petitioner was working as Jail Superintendent, Koppal District
Central Prison, when one (TV9) media broadcasted on
16.08.2017 news regarding the petitioner demanding bribe of
Rs.5,000/-, the petitioner was kept under suspension which
was later revoked. The departmental enquiry was initiated
against the petitioner. The enquiry officer has submitted report
alleging that the charges levelled against the petitioner are
proved. On the basis of the report submitted by the enquiry
officer, the respondents have passed the order of punishment.
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3. The petitioner aggrieved by the order of
suspension, approached the appellate authority. The appellate
authority dismissed the appeal.
4. The petitioner aggrieved by the order passed by the
appellate authority, approached the Karnataka State
Administrate Tribunal, Kalaburagi (for short, ‘the Tribunal’) in
Application No.20328/2023. The Tribunal dismissed the
application filed by the petitioner by order dated 14.02.2025.
The petitioner aggrieved by the same, filed the present writ
petition.
5. Heard learned counsel for the petitioner and learned
High Court Government Pleader for the respondents.
6. Learned counsel for the petitioner submits that the
Tribunal while passing an impugned order, has not assigned
any reasons. He submits that the impugned order passed by
the Tribunal is without application of mind. Hence, on these
grounds, he prays to allow the writ petition.
7. Per contra, learned High Court Government Pleader
supported the impugned order and submits that the Tribunal
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WP No. 204321 of 2026
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has considered the entire materials on record and has passed
the impugned order. The impugned order passed by the
Administrative Tribunal is just and proper and do not call for
interference at the hands of this Court. Accordingly, he prays to
dismiss the writ petition.
8. Perused the records and considered the
submissions of the learned counsel for the parties.
9. It is an undisputed fact that the departmental
enquiry was initiated against the petitioner and the enquiry
officer has submitted a report and opined that the charges
levelled against the petitioner are proved. The appointing
authority has passed an order of punishment. The petitioner
aggrieved by the order of punishment, approached the
Appellate Authority. The Appellate Authority dismissed the
appeal filed by the petitioner. The petitioner aggrieved by the
order of punishment and order passed by the Appellate
Authority, approached the Karnataka State Administrative
Tribunal in Application No.20328/2023.
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WP No. 204321 of 2026
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10. We have perused the order passed by the Tribunal.
The Tribunal has recorded its finding in para No.4, which reads
as follows:
“4. We have perused the material on records and
pleadings and submissions. On perusal of records, it is
revealed that specific allegation was made against the
applicant. The Enquiry Officer has drawn conclusion based
on material available. On appreciation of evidence the
charge was proved. The Supreme Court in catena of
judgments has given rulings that disciplinary proceeding
is not a criminal trial and that standard of proof required
in disciplinary enquiry is preponderance of probability and
not proof beyond reasonable doubt. The findings are
based on relevant material. The Respondent No.2 in his
order dated 22.08.2019 (Annexure-A5) has discussed the
evidence on record. Similarly on perusal of impugned
order (Annexure-A6) dated 28.03.2022 the Appellate
Authority deliberated upon the merit of the penalty and
then has confirmed the penalty. As the disciplinary
authority is sole judge of facts, we do not find any reason
to interfere with the conclusion to which he has arrived
after appreciating the evidence.”
11. From perusal of the order, the Tribunal has not
assigned detailed reasons in passing the impugned order. The
impugned order passed by the Karnataka State Administrative
Tribunal is without application of mind. The petitioner has
raised several grounds in the application. None of the grounds
were considered by the Karnataka State Administrative
Tribunal. The impugned order passed by the Karnataka State
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NC: 2026:KHC-K:11579-DB
WP No. 204321 of 2026
CNR: KAHC030106922026
Administrative Tribunal is without application of mind. Hence,
on this ground alone, the impugned order is liable to be set
aside. Accordingly, we inclined to interfere with the impugned
order. Accordingly, we proceed to pass the following
ORDER
allowed
(i) The Writ Petition is .
(ii) The impugned order dated 14.02.2025 passed
in Application No.20328/2023 is set aside. The
Application No.20328/2023 is restored to its
original file.
(iii) The Karnataka State Administrative Tribunal is
directed to hear and pass a detailed order in
accordance with law.
(iv) The parties are directed to appear before the
Karnataka State Administrative Tribunal,
30.11.2026
Kalaburagi on .
(v) It is made clear that this Court has not made any
adjudication on merits in issue.
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NC: 2026:KHC-K:11579-DB
WP No. 204321 of 2026
CNR: KAHC030106922026
(vi) All the contentions of the parties are kept open.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
SDU
LIST NO.: 2 SL NO.: 17
CT;VK