No Personal Hearing, No Valid Dismissal: Karnataka HC Quashes Order against Central Tax Superintendent [Read Order]
Rejecting the Revenue's contention that the petitioner should approach the Central Administrative Tribunal (CAT), the Court held that the violation of natural justice nullified the need to exhaust alternative remedies
![No Personal Hearing, No Valid Dismissal: Karnataka HC Quashes Order against Central Tax Superintendent [Read Order]](https://images.taxscan.in/h-upload/2026/05/19/2137409-no-personal-hearing-karnataka-hc-central-tax-superintendent-taxscan.webp "No Personal Hearing, No Valid Dismissal: Karnataka HC Quashes Order against Central Tax Superintendent [Read Order]")
In a significant ruling, the Karnataka High Court quashed a dismissal order passed against a Superintendent of Central Tax after finding that the disciplinary authority violated the principles of natural justice by failing to grant a personal hearing just three days before passing the final order. The case involved Shri K. Ananthapadmanabha Rao, who challenged the order...
In a significant ruling, the Karnataka High Court quashed a dismissal order passed against a Superintendent of Central Tax after finding that the disciplinary authority violated the principles of natural justice by failing to grant a personal hearing just three days before passing the final order.
The case involved Shri K. Ananthapadmanabha Rao, who challenged the order dated 10.11.2025 dismissing him from service. The dismissal followed a charge memorandum and an enquiry report, against which the petitioner had submitted a representation on 07.11.2025 requesting a personal hearing. He had urged the authority to wait for the outcome of a pending criminal discharge application and a parallel Customs adjudication appeal.
The Court noted that the disciplinary authority passed the impugned order on 10.11.2025, merely three days after the request, without acceding to the plea for a hearing or waiting for the parallel proceedings to conclude.
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JusticeS.R. Krishna Kumar observed that the respondent was not justified in declining the request for a personal hearing, especially since the petitioner had informed the authority of the pending discharge application in Special CC No.29/2023. The Court highlighted that the Sessions Court/Special Court had subsequently discharged the petitioner on 14.01.2026. Furthermore, the Customs Appellate Authority had also remanded the related adjudication matter for fresh consideration on 30.12.2025.
"impugned order... is clearly violative of principles of natural justice warranting interference by this Court," the Court stated.
Rejecting the Revenue's contention that the petitioner should approach the Central AdministrativeTribunal (CAT), the Court held that the violation of natural justice nullified the need to exhaust alternative remedies.
Allowing the writ petition, the High Court set aside the dismissal order and remitted the matter back to the disciplinary authority for fresh reconsideration. The petitioner has been directed to appear before the authority on 18.05.2026, with liberty to submit additional pleadings.
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