Noor Ahmed Hachyal v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5523 OF 2026 (S-RES) BETWEEN: NOOR AHMED HACHYAL S/O BANDAGISAB HACHYAL AGED ABOUT 33 YEARS RESIDING AT 11TH CROSS LEELAVATHI BADAVANE NEAR MASJID, MADDUR MANDYA - 571 428. …PETITIONER (BY SRI. RAVINDRANATH K, ADVOCATE) AND:

¶1THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SKILL AND DEVELOPMENT ENTREPRENEURSHIP AND LIVELIHOODS, M.S. BUILDING, BENGALURU - 560 001.

¶2THE COMMISSIONER DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, DAIRY CIRCLE, BENGALURU - 560 029.

¶3THE JOINT DIRECTOR DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, DAIRY CIRCLE, BENGALURU - 560 029. by SHARADAVANI B Location: High Court of Karnataka e -e2e-eeeee e e NC:(2026:KHC:23441 WP(No.(5523(of(2026

4.e THEeMANAGINGeDIRECTORe MANDYAeDISTRICTeCO-OPERATIVEee MILKePRODUCER'SeSOCIETIESeUNIONeLIMITEDe GEJJALAGERE,eMANDYAeDISTRICTe-e571e428.e

5.e THEePRINCIPALe RANIeCHANNAMMAePVT.eITIe MANAGULI,ePRESENTLYeVIJAYAPURAe DISTRICTe-e586e122.e …RESPONDENTSe (BYeSRI.eG.eRAMESHeNAIK,eAGAeiOReR1eTOeR3;e eeeeeeSRI.eB.L.eSANJEEV,eADVOCATEeiOeR4;e eeeeeeSRI.eDEEPAKeSHETTY,eADVOCATEeiOReR5)e e THISe W.P.e ISe iILEDe UNDERe ARTICLEe 226e Oie THEe CONSTITUTIONe Oie INDIAe PRAYINGe TOe QUASHe THEe IMPUGNEDe DISMISSALe ORDERe ISSUEDe BYe THEe OiiICEe Oie THEe 4THe RESPONDENTe INe NO.e MAMHAO/ADILITHA/438/2025-26/258e DATEDe

10.02.2026.e ASe ILLEGAL,e ARBITRATORYe ANDeWITHOUTe HOLDINGe ANYe ENQUIRYe VIDEe ANNEXURE-Le TOe THEe WRITe PETITIONe ANDe ETC.,e e THISe PETITION,e COMINGe ONe iORe PRELIMINARYe HEARING,e THISeDAY,eORDEReWASeMADEeTHEREINeASeUNDER:e CORAM:e HON'BLEeMR.eJUSTICEeS.R.KRISHNAeKUMAR ORAL ORDER In this petition, the petitioner has sought for the following reliefs: "i) Issue writ of certiorari order quashing the impugned thdismissal order issued by the office of the 4 Respondent in No. ಮಂ1ಾಒ/ಆಡ6ತ/438/2025-26/258 w/ಾಂಕ: 10.02.2026. as illegal, arbitratory and without holding any enquiry vide ANNEXURE-L to the Writ Petition.

ii) After quashing the impugned dismissal order issued thby the office of the 4 Respondent in No. ಮಂ1ಾಒ/ಆಡ6ತ/438/2025-26/258 w/ಾಂಕ: 10.02.2026 vide thANNEXURE-L to the Writ Petition, direct the 4 Respondent to reinstate the petitioner to his original post with continuity of service and with all consequential benefits thereon which the petitioner is legally entitled to;

iii) Pass any other order as this Hon'ble Court deems fit in the interest of justice and equity."

¶2Heard learned counsel for the petitioner and learned AGA for respondent Nos.1 to 3, learned counsel for respondent No.4, learned counsel for respondent No.5 and perused the material on record.

¶3A perusal of the material on record indicate that on

28.01.2026, respondent No.4 issued a show cause notice calling upon the petitioner to show cause as to why the major penalty/punishment of dismissal should not be imposed against him on the ground that he had submitted a fake marks card while joining service.

¶4The said show cause notice was challenged by this Court in WP.No.4291/2026, in which, there was an interim order of stay not to relieve the petitioner in the event he was not already relieved. It is a matter of record that the petitioner had already been relieved from service as on the date of the interim order passed by this Court on 10.02.2026 in WP No.4291/2026. Subsequently, without conducting any enquiry and in violation of principles of natural justice and without providing sufficient and reasonable opportunity to the petitioner, respondent No.4 proceeds to pass the impugned dismissal order, which is assailed in the present petition.

¶5Per contra, learned counsel for the respondents submits that there is no merit in the petition and the same is liable to be dismissed.

¶6Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed material on record which clearly indicates that prior to passing the impugned order of dismissal, respondent No.4 did not conduct any enquiry nor provide sufficient or reasonable opportunity to the petitioner, thereby violating principles of natural justice, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to quash the impugned order at Annexure - L and reserve liberty in favour of the respondents to initiate appropriate action against the petitioner by reinstating him and by providing sufficient and reasonable opportunity to the petitioner in accordance with law.

¶7In the result, I pass the following:- ORDER

(i) Petition is hereby allowed.

(ii) The Impugned dismissal order issued by respondent No.4 dated 10.02.2026 at Annexure - L is hereby quashed.

(iii) Liberty is reserved in favour of the respondents to proceed further against the petitioner in accordance with law.

(iv) Respondents are directed to reinstate the petitioner into service within a period of one week from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH List No.: 1 Sl No.: 4