Karnataka High Court
WP/1477/2026 of SRI H N JAYANNA Vs THE STATE OF KARNATAKA on 20 July 2026
CNR: KAHC010028832026 NC: 2026:KHC:37070-DB WP No. 1477 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 1477 OF 2026 (S-KSAT) BETWEEN: SRI H N
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION NO. 1477 OF 2026 (S-KSAT)
BETWEEN:
SRI H N JAYANNA
S/O NARASIMHAIAH,
AGED ABOUT 54 YEARS,
WARD NO.8, HOSPETE POST,
MAGADI TALUK, MAGADI,
RAMANAGARA, BENGALURU -562120.
…PETITIONER
(BY MS. PRIYA A., FOR SRI. NITIN A. M., ADVS.)
AND:
1.
THE STATE OF KARNATAKA
THE D.G. AND I.G
FIRE SERVICE STATION,
EMERGENCY ZONE NO.1 AND 2,
ANNASWAMY MUDALIAR ROAD,
HERMIT COLONY, SHIVAN CHETTI GARDENS,
BENGALURU-560 042.
2.
THE ASSISTANT DIRECTOR,
KARNATAKA STATE FIRE AND
EMERGENCY SERVICES
FIRE SERVICE STATION,
REGIONAL OFFICE,
WEST ZONE, NO.1 AND 2,
ANNASWAMY MUDALIAR ROAD,
HERMIT COLONY,
SHIVAN CHETTI GARDENS,
BENGALURU -560042.
Digitally signed by
NANJUNDACHARI
Location: High
Court of
Karnataka
HC-KAR
3.
ADMINISTRATIVE OFFICER,
KARNATAKA STATE FIRE AND
EMERGENCY SERVICES
FIRE SERVICE STATION,
REGIONAL OFFICE,
WEST ZONE, NO.1 AND 2,
ANNASWAMY MUDALIAR ROAD,
HERMIT COLONY,
SHIVAN CHETTI GARDENS,
BENGALURU -560042.
…RESPONDENTS
(BY SRI.V SHIVAREDDY, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE
TRIBUNAL DATED 06/11/2025 DISMISSING THE MISCELLANEOUS
APPLICATION AND THE INTERLOCUTORY APPLICATIONS BEARING
M.A.NO.04/2025
FILED
UNDER
SECTION
22(3)(H)
OF
THE
ADMINISTRATIVE TRIBUNALS ACT, 1985 VIDE ANNEXE-D AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE DR. JUSTICE K.MANMADHA RAO
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Petitioner, a dismissed Fireman from the Karnataka State Fire and Emergency Service Department is before this Court in this writ petition, questioning order dated 06.11.2025 in Miscellaneous Application No.4/2025 passed by the Karnataka State Administrative Tribunal at
HC-KAR
Bengaluru (for short, ‘the Tribunal’) whereunder the petitioner’s prayer to set aside the order dated 08.06.2023 in Application No.3690/2022 passed by the Tribunal rejecting his application for non-compliance of office objections.
2. Heard learned counsel Ms.Priya.A., for Sri.Nitin.A.M., for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondents. Perused the entire writ petition papers.
3. It is stated that the petitioner after departmental enquiry for proved misconduct was dismissed from service on 18.07.2022. Questioning the said order of dismissal, petitioner was before the Tribunal in Application No.3690/2022. On filing of the said application, the Registry had raised certain office objections. Even after many opportunities, as the petitioner failed to comply the office objections, by order dated 08.06.2023, the said Application came to be
HC-KAR
dismissed for non-compliance of office objections. With a prayer to recall the said order of dismissal, petitioner filed Miscellaneous Application No.4/2025 on 11.03.2024. The said Miscellaneous Application came to be dismissed by impugned order dated 06.11.2025. In the Miscellaneous Application, the petitioner has stated that there was a communication gap between the earlier counsel and the petitioner, on obtaining NOC from the earlier counsel engaged the services of the present counsel. Further, it would also indicate that the petitioner was suffering from ill-health and the ill-health was also one of the reason for his unauthorized absence while in service. However, the Tribunal under impugned order dismissed the Miscellaneous Application filed by the petitioner holding that the applicant has not even shown his minimum involvement and diligence in prosecuting the application.
4. We do not find any reason to disagree with the reasoning assigned by the Tribunal to dismiss the
HC-KAR
Miscellaneous Application. However, the Miscellaneous Application is to be examined in the light of the precarious position of the petitioner. The petitioner is dismissed from service and the order of dismissal was the subject matter before the Tribunal. It is a question of livelihood of the petitioner, which has been taken away under the impugned order of dismissal. When the question of livelihood of a person is involved the Tribunal/Court shall be slow on passing order on technicalities.
5. Therefore, the petitioner is to be given one opportunity to comply the office objections and the Application of the petitioner needs to be considered on merit.
6. In the light of the above, impugned order dated 06.11.2025 in Miscellaneous Application No.4/2025 passed by the Tribunal is set aside, on payment of cost of Rs.25,000/-, payable to the Karnataka State Legal Services Authority, within 15 days from today. The
HC-KAR
petitioner is given 15 days time from the date of uploading of this order on the website of this Court to comply the office objections before the Tribunal in Application No.3690/2022. If the petitioner fails to comply the office objections within the time granted by this Court, the original order of dismissal of the application for non- compliance stands confirmed.
With the above, writ petition stands disposed of.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE
NC CT:bms List No.: 1 Sl No.: 9