Karnataka HC restores appointment of government pleader removed within 24 hours

Bengaluru: The Dharwad bench of the High Court has restored the appointment of a government pleader at the Sessions court at Athani in Belagavi district, whose appointment was revoked within 24 hours.

"The State must remember that Article 14 of the Constitution of India is that golden thread that is woven through the entire fabric of the Constitution of India, and every bead of the State action should pass through that golden thread; any action of the State cannot be arbitrary," Justice M Nagaprasanna said, while allowing the petition filed by Annappa Sank.

On October 28, 2025, the petitioner was appointed as Additional District Government Pleader at the newly established Courts of Sessions at Athani. The petitioner assumed charge on the same day and appeared in several matters as a government pleader. The next day, on October 29, 2025, another notification was issued, abruptly withdrawing his appointment and substituting him with D B Thakkannavar as government pleader.

Challenging this, the petitioner submitted that while on his application/representation, the entire proceedings were drawn up, D B Thakkannavar had not even filed an application. On the other hand, the state government defended the action, stating that the appointment of the government pleader is at the pleasure of the state and it can be withdrawn at any time.

After examining the provisions under the Karnataka Law Officers (Appointment and Conditions of Service) Rules, the court noted that while it is true that the appointments under Rule 26 are made at the pleasure of the government, such pleasure is not unfettered. It is hemmed in by the golden thread of Article 14 of the Constitution of India, which sternly prohibits arbitrariness, the court said, adding that the Constitution does not condone the state action that is whimsical, capricious or devoid of discernible reasoning.

"The arbitrariness is so palpable and demonstrable in the case at hand, the appointment of the petitioner, which cannot be termed illegal by any means or contrary to the statute, is taken away by a stroke of pen, not in a month, or a year, but within 24 hours. If this cannot be termed an arbitrary action on the part of the State, I fail to understand...," the court said.