Blatant Violation Of Natural Justice: Karnataka HC Permits Dismissed Archak At Bhoga Nandishwara Temple To Perform Duties Until Enquiry Is Completed

A single judge bench of Justice M Nagaprasanna directed the respondent-authority to afford an opportunity of hearing to the petitioner and complete the enquiry within two weeks, as was directed by the High Court in an earlier round of litigation (against petitioner's suspension). Till then, it permitted the petitioner to perform as Archak in the temple.

The petitioner was appointed as Archak in 2015. In 2020, anonymous complaints emerged against him alleging certain irregularities in the performance of his duties. The proceedings were initiated on the basis of an anonymous letter and a photograph depicting the petitioner holding bottles of liquor. A show cause notice was issued to the petitioner, to which he responded and subsequently, came to be placed under suspension.

Since no enquiry was conducted for over a year, the petitioner had then approached the High Court seeking quashment of the order of suspension. It is in these proceedings that the High Court directed the respondent to accomplish the enquiry in question within a period of two weeks failing which, the suspension of the petitioner shall be treated as having been rescinded and he will be permitted to discharge duties

The High Court had relied on Section 10(A) of the Karnataka Hindu Religious Institutions and Charitable Endowments Act 1997 Act, which pertains to Disqualification of Archaks.

Findings:

In the instant proceedings, the High Court noted that no enquiry was conducted pursuant to its order.

"What comes about is an order dismissing the petitioner from the duties of Archak without holding any enquiry as was directed by this Court. Therefore, the order not only runs counter to the order passed by this Court on 22.8.2022, but is in blatant violation of the principles of natural justice and denial of opportunity to defend himself," Court said.

It added, "On these reasons, the order of dismissal is rendered unsustainable and requires to be obliterated. Obliteration of the order will result in a direction of permitting the petitioner to perform his duties subject to the outcome of the enquiry. This direction is issued in the peculiar facts of the case, for the reason that the respondents seek to overreach the earlier order by passing an order of dismissal."

Case Title: ASHVEEJA T.C v. ENDOWMENT COMMISSIONER & others

Case No: WRIT PETITION NO. 20999 OF 2022

Citation: 2022 LiveLaw (Kar) 471

Date of Order: 2ND DAY OF NOVEMBER, 2022

Appearance: Jayakumar.S.Patil and RAJARAM T., ADVOCATE for petitioner; B.V.KRISHNA, AGA for respondent.

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