The High Court of Karnataka has set aside the termination of a security guard employed with the North Western Karnataka State Road Transport Corporation (NWKRTC), holding that no employee can be removed from service on allegations of fake documents without a proper departmental inquiry.
Justice K.S. Hemalekha delivered the order on February 10, 2026, restoring the petitioner to service while allowing the Corporation to initiate fresh proceedings in accordance with law.
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Background of the Case
The petitioner, Sanjukumar S/o Ishwar Kammar, had been appointed as a KSRTC Security Guard on compassionate grounds after the death of his father, who was in service. According to court records, his appointment followed document verification and a physical test.
However, while he was working, the Corporation issued a show cause notice alleging that he had produced false educational documents. It was claimed that he had not appeared for the concerned semester examination and had secured the job through misrepresentation.
On December 13, 2024, the Corporation terminated his services, citing these allegations.
Challenging the order, the petitioner approached the High Court under Articles 226 and 227 of the Constitution, seeking to quash the termination order .
Petitioner’s Arguments
Counsel for the petitioner argued that the termination was not a simple discharge from service but a punitive action.
He submitted that the order clearly carried a stigma it accused the petitioner of producing fake documents and misrepresentation. Despite such serious allegations, no departmental inquiry was conducted.
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“The impugned order has been passed without conducting any inquiry and without giving an effective opportunity to defend,” the petitioner’s counsel contended before the court.
It was further argued that once an employee has entered service, removal based on allegations of misconduct must follow the principles of natural justice - meaning a fair hearing and an opportunity to rebut the charges.
Corporation’s Stand
On the other hand, counsel for the NWKRTC maintained that the petitioner had secured appointment using false educational documents.
The Corporation argued that as per service rules, it was entitled to cancel the appointment if documents were found to be fake or invalid. Therefore, the termination was justified and did not warrant interference by the court.
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Court’s Observations
After hearing both sides and examining the record, the court framed a key question: whether the termination order, passed without holding a departmental inquiry or granting a proper hearing, was legally sustainable.
Justice Hemalekha noted that the order was founded on allegations of misrepresentation. Such an order, the court observed, clearly casts a stigma on the employee.
The bench referred to earlier rulings, including the Supreme Court’s decision in Anoop Jaiswal v. Government of India, which held that courts can look beyond the wording of a termination order to determine its true nature.
Quoting the settled legal principle, the court observed that even if an order appears simple on the surface, “if it is in reality a cloak for punishment, the Court would not be precluded from examining its true character.”
The High Court emphasized that once allegations of misconduct form the basis of termination, holding a proper inquiry becomes mandatory.
“No enquiry was conducted and no opportunity was afforded to the petitioner to rebut the material relied upon,” the court recorded.
It further held that even in cases involving alleged fake certificates, dismissal cannot be carried out without complying with the principles of natural justice.
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The Decision
Allowing the writ petition, the High Court passed the following directions:
- The termination order dated December 13, 2024, was quashed.
- The petitioner was directed to be reinstated in service.
- Liberty was granted to the Corporation to initiate fresh proceedings by conducting a proper inquiry after giving due opportunity to the petitioner.
- The court clarified that it was not expressing any opinion on the merits of the allegations.
- The petitioner would be entitled to salary and consequential benefits, subject to the outcome of any future proceedings.
With these directions, the court restored the petitioner’s service, bringing the matter to a close for now.
Case Title: Shri Sanjukumar S/o Ishwar Kammar v. NWKRTC & Others
Case No.: Writ Petition No. 101353 of 2025
Decision Date: February 10, 2026
