High Court of Karnataka Adjudicates Writ Appeal and Writ Petitions Concerning Suspension and Transfer of Associate Professor in Sexual Harassment Case. The Court Examines Legality of Orders under Karnataka State Civil Services (Conduct) Rules, 2021 and Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Involving Complaints by Women Doctors.

Writ appeal and writ petitions challenging suspension and transfer orders of an associate professor in a medical institute following complaints of sexual harassment under the POSH Act.

In WA 675/2026, Shimoga Institute of Medical Sciences sought to set aside the interim order dated 09.02.2026 passed in WP 35404/2025. In WP 35404/2025, Dr. Ashwin Hebbar sought quashing of order dated 17.11.2025 insofar as it shifted his lien and transferred him to Haveri Institute, and reinstatement at SIMS. In WP 15057/2026, Dr. Ashwin Hebbar sought quashing of resolutions dated 06.03.2026 according post facto approval for transfer and reinstatement at SIMS.

Dr. Ashwin Hebbar was suspended, then suspension was revoked and he was transferred to Haveri Institute of Medical Sciences; SIMS filed the appeal against the interim stay of suspension; Dr. Hebbar challenged the revocation and transfer orders and post facto approval resolutions.

Suspension order vide Government Order No. MED 337 MPS 2022 dated 21.07.2022 under Rule 33 of Karnataka State Civil Services (Conduct) Rules, 2021; W.P. No. 14846/2022 filed challenging suspension where interim stay was granted and later judgment dated 19.06.2024 quashed suspension order; order dated 17.11.2025 revoking suspension and temporarily transferring Dr. Hebbar from SIMS to Haveri Institute of Medical Sciences; interim order dated 09.02.2026 passed by Single Judge in W.P. No. 35404/2025; resolutions dated 06.03.2026 passed by SIMS and Haveri Institute according post facto approval for transfer; order dated 01.07.2026 clubbing appeal and writ petitions.

Whether the interim order dated 09.02.2026 staying suspension is valid Whether the order dated 17.11.2025 revoking suspension and transferring the petitioner to Haveri Institute is legal Whether the resolutions dated 06.03.2026 according post facto approval for transfer are valid

The present W.A.No.675/2026 has been filed by the Shimoga Institute of Medical Sciences (SIMS) challenging the interim order dated 09.02.2026 passed by the learned Single Judge in W.P.No.35404/2025. Vide order dated 01.07.2026 passed by us, this appeal was clubbed with W.P.Nos.35404/2025 and 15057/2026 which are filed by Dr.Ashwin Hebbar K. W.P.No.35404/2025 has been filed challenging the order dated 17.11.2025, whereby the order of suspension of the petitioner got revoked and he was temporarily transferred from SIMS to Haveri Institute of Medical Sciences, whereas, W.P.No.15057/2026 has been filed challenging the subsequent Resolutions dated 06.03.2026 which accorded post facto approval for the transfer of Dr. Ashwin Hebbar. The first complaint of sexual harassment/molestation was lodged against Dr.Ashwin Hebbar on 12.08.2022 by Dr.A (the name has been withheld), who completed her MBBS degree from the SIMS from 2015 to 2021 and later worked as Junior Resident in the same College under the supervision of Dr.Ashwin Hebbar. The suspension order was issued under Rule 33 of the Karnataka State Civil Services (Conduct) Rules, 2021 (for short 'the said Rules') with effect from 21.07.2022 till further orders pending departmental enquiry. It is indisputable that a Local Committee is constituted which has conducted an inquiry and opining on the very next day that a prima facie case is made out leading to the petitioner being kept under suspension. There is no material to place on record to establish that the decision to keep the petitioner under suspension is independent of the Local Committee's Report, and if the decision to keep the petitioner under suspension is primarily because of a report by the Local Committee which could not have been constituted in the light of the provisions of Section 10(4) of the Act, the impugned order must necessarily yield and even otherwise, the petitioner must succeed because the petitioner cannot be kept under suspension without initiation of the departmental proceedings. The professor of a medical college/institution enjoys a very dominant position and has power of giving marks in examinations particularly, internal examinations and vivo voce. For the fear of their career as well as for getting defamed and facing further humiliation and harassment as he got scot-free, the students would not complain and only Dr.P, a student, mustered courage to lodge the complaint against him.

Dr. Ashwin Hebbar K was appointed as Senior Resident (Surgery) at SIMS on 18.05.2007 and regularised retrospectively from 01.08.2007. A first complaint of sexual harassment was lodged against him on 12.08.2022 by Dr. A regarding an incident on 15.07.2022. He was arrested and later released on bail; suspended vide Government Order dated 21.07.2022 under Rule 33 of Karnataka State Civil Services (Conduct) Rules, 2021. He filed W.P. No. 14846/2022 challenging suspension; interim stay was granted and later by judgment dated 19.06.2024 suspension order was quashed. Internal Complaint Committee under POSH Act conducted enquiry but forced complainant to withdraw; Local Committee constituted and opined prima facie case on 19.07.2022. No departmental enquiry held. Second complaint by Dr. P filed regarding incident dated 14.06.2025 at a party. Order dated 17.11.2025 revoked suspension and transferred Dr. Ashwin Hebbar to Haveri Institute of Medical Sciences. He filed W.P. No. 35404/2025 challenging that order. Interim order dated 09.02.2026 passed in W.P. No. 35404/2025, challenged by SIMS in W.A. No. 675/2026. Resolutions dated 06.03.2026 passed by SIMS and Haveri Institute according post facto approval for transfer, challenged in W.P. No. 15057/2026. Appeal and writ petitions clubbed by order dated 01.07.2026, heard and reserved for judgment on 20.07.2026, pronounced on 04.08.2026.

• Karnataka High Court Act: Section 4
• Constitution of India: Article 226
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Section 10(4)
• Karnataka State Civil Services (Conduct) Rules, 2021: Rule 33
• Indian Penal Code: Section 354A