Karnataka High Court
Shimoga Institute Of Medical Sciences vs The State Of Karnataka on 4 August, 2026
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WA No. 675 of 2026
C/W WP No. 35404 of 2025
WP No. 15057 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH ®
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 675 OF 2026 (S-RES)
C/W
WRIT PETITION NO. 35404 OF 2025 (S-RES) &
WRIT PETITION NO. 15057 OF 2026 (S-RES)
IN WA NO. 675/2026
BETWEEN:
1. SHIMOGA INSTITUTE OF
MEDICAL SCIENCES
SAGAR ROAD
SHIMOGA-577 201
REPRESENTED BY ITS DIRECTOR
Digitally ...APPELLANT
signed by
VASANTHA (BY SRI JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
KUMARY B
K SRI S B TOTAD, ADVOCATE)
Location:
HIGH AND:
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF MEDICAL EDUCATION
M S BUILDING
BENGALURU-560 001
2. THE VICE CHAIRMAN AND
GOVERNING COUNCIL
SHIMOGA INSTITUTE OF
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MEDICAL SCIENCES
SAGAR ROAD
SHIMOGA-577 201
3. DR. ASHWIN HEBBAR K
S/O LATE K G HEBBAR
AGED ABOUT 47 YEARS
WAS WORKING AS
ASSOCIATE PROFESSOR
DEPARTMENT OF GENERAL SURGERY
SHIMOGA INSTITUTE OF
MEDICAL SCIENCES
SAGAR ROAD
SHIMOGA-577 201
4. VICTIM
AGED ABOUT 29 YEARS
R/AT NO.589
BEHIND GANAPATHI TEMPLE
GIRI DARSHINI LAYOUT
ALANAHALLI POST
MYSURU-570 028
(AMENDED V/O DATED 20.07.2026)
...RESPONDENTS
(SRI K SHASHI KIRAN SHETTY, ADVOCATE GENERAL
A/W SRI MITHUN GAREHALLI AAG &
SRI B RAVINDRANATH, AGA FOR R-1 & R-2;
BY SRI SATISH K, ADVOCATE FOR C/R-3;
SRI SANDESH T B, ADVOCATE FOR R-4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE
APPEAL FILED BY THE APPELLANT AND SET ASIDE THE
INTERIM ORDER PASSED BY THE LEARNED SINGLE JUDGE
IN WRIT PETITION NO.35404/2025 DATED 09.02.2026
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C/W WP No. 35404 of 2025
WP No. 15057 of 2026
WHICH IS NECESSARY IN THE INTEREST OF JUSTICE AND
EQUITY.
IN WP NO. 35404/2025
BETWEEN:
1. DR. ASHWIN HEBBAR K
S/O LATE G K HEBBAR
AGED ABOUT 47 YEARS
WAS WORKING AS
ASSOCIATE PROFESSOR
DEPARTMENT OF GENERAL SURGERY
SHIMOGA INSTITUTE OF
MEDICAL SCIENCES
SAGAR ROAD
SHIMOGA-577 201
...PETITIONER
(BY SRI SATISH K, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF MEDICAL EDUCATION
M.S. BUILDING
BANGALORE-560 001
2. THE VICE CHAIRMAN AND
GOVERNING COUNCIL
SHIMOGA INSTITUTE OF
MEDICAL SCIENCES
SAGAR ROAD
SHIMOGA-577 201
3. THE DIRECTOR
SHIMOGA INSTITUTE OF
MEDICAL SCIENCES, SAGAR ROAD
SHIMOGA-577 201
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WP No. 15057 of 2026
4. DR. ABCDE
D/O RACHAPPA
AGED ABOUT 29 YEARS
R/AT NO.589
BEHIND GANAPATHI TEMPLE
GIRI DARSHINI LAYOUT
ALANAHALLI POST
MYSORE-570 028
(AMENDED V/O DT. 20.07.2026)
...RESPONDENTS
(BY SRI K SHASHI KIRAN SHETTY, ADVOCATE GENERAL
A/W SRI MITHUN GAREHALLI, AAG &
SRI B RAVINDRANATH, AGA FOR R-1;
SRI JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI S B TOTAD, ADVOCATE FOR R-2 AND R-3;
SRI SANDESH T B, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE IMPUGNED ORDER DATED 17.11.2025 PASSED BY
RESPONDENT NO.2 (ANNEXURE-M) INSOFAR AS SHIFTING
OF LIEN OF THE PETITIONER FROM RESPONDENT NO.3-
INSTITUTE TO HAVERI INSTITUTE OF MEDICAL SCIENCES
AND REINSTATEMENT OF THE PETITIONER AT HAVERI
INSTITUTE OF MEDICAL SCIENCES IS CONCERNED AND
CONSEQUENTLY DIRECT THE RESPONDENTS TO
REINSTATE THE PETITIONER IN RESPONDENT NO.3-
INSTITUTE AND ETC.
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IN WP NO. 15057/2026
BETWEEN:
1. DR. ASHWIN HEBBAR K
S/O LATE G K HEBBAR
AGED ABOUT 48 YEARS
WAS WORKING AS
ASSOCIATE PROFESSOR
DEPARTMENT OF GENERAL SURGERY
SHIMOGA INSTITUTE OF
MEDICAL SCIENCES
SAGAR ROAD
SHIMOGA-577 201
...PETITIONER
(BY SRI SATISH K, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF MEDICAL EDUCATION
M.S. BUILDING
BANGALORE-560 001
2. THE VICE CHAIRMAN AND
GOVERNING COUNCIL
SHIMOGA INSTITUTE OF
MEDICAL SCIENCES
SAGAR ROAD
SHIMOGA-577 201
3. THE DIRECTOR
SHIMOGA INSTITUTE OF
MEDICAL SCIENCES
SAGAR ROAD
SHIMOGA-577 201
4. THE VICE CHAIRMAN AND
GOVERNING COUNCIL
HAVERI INSTITUTE OF
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MEDICAL SCIENCES
HAVERI-581 110
...RESPONDENTS
(BY SRI K SHASHI KIRAN SHETTY, ADVOCATE GENERAL
A/W SRI MITHUN GAREHALLI, AAG &
SRI B RAVINDRANATH, AGA FOR R-1;
SRI JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI S B TOTAD, ADVOCATE FOR R-2 AND R-3;
SRI VINOD S PAWAR, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE IMPUGNED RESOLUTION DATED 06.03.2026 PASSED
BY RESPONDENT NO.2 (ANNEXURE-S) AND THE IMPUGNED
RESOLUTION DATED 06.03.2026 PASSED BY RESPONDENT
NO.4 (ANNEXURE-T) INSOFAR AS IT RELATES TO
ACCORDING POST FACTO APPROVAL FOR TRANSFER OF
THE PETITIONER FROM RESPONDENT NO.2-INSTITUTE TO
RESPONDENT NO.4-INSTITUTE AND CONSEQUENTLY
DIRECT THE RESPONDENTS TO REINSTATE THE
PETITIONER IN RESPONDENT NO.2-INSTITUTE AND ETC.
THIS WRIT APPEAL ALONG WITH WRIT PETITIONS
HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON
20.07.2026, COMING ON FOR PRONOUNCEMENT THIS DAY,
HON'BLE MR. JUSTICE D K SINGH PRONOUNCED THE
FOLLOWING:
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CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
CAV JUDGMENT
(PER: HON’BLE MR. JUSTICE D K SINGH)
I PREFACE:
1. 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.
2. 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.
3. 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.
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4. The appeal and the writ petitions are taken up together
and disposed of by this common judgment and order.
II FACTUAL BACKGROUND:
5. Dr.Ashwin Hebbar was initially appointed as Senior
Resident (Surgery) on a temporary basis at Shimoga Institute
of Medical Sciences (SIMS) on 18.05.2007 and was later
regularly appointed retrospectively from 01.08.2007. 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
Associate Professor in the Department of Surgery and
Outpatients. The incident happened on 15.07.2022. The
complaint would read as under:-
“On 15.07.2022 between 3.30 p.m. to
3.40 p.m. when Dr.A went to meet
Dr.Ashwin Hebbar to enquire about her
postgraduate degree and further
education, he identified her as an old
student, sat opposite the complainant,
stared at the complainant’s chest and
squeezed the complainant’s chest. The
complainant objected to this and met
Dr.Sridhar, a Medical Surgeon and filed
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department did not take any action
against him for 25 days and therefore,
Dr.A lodged the FIR at the Women’s
Police Station in Crime No.70/2022
under Section 354A of the Indian Penal
Code.”
6. It appears that Dr.Ashwin Hebbar was arrested and
thereafter, he came out on bail. After his arrest, he was
suspended vide Government Order No.MED 337 MPS 2022
dated 21.07.2022. 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. After he was
released on bail, he filed W.P.No.14846/2022 before this Court
under Article 226 of the Constitution of India seeking to quash
the Suspension Order dated 21.07.2022 and to restore all his
benefits. Strangely, the writ Court granted an interim order of
stay of his suspension and consequently, he was reinstated.
7. An Internal Complaint Committee was constituted as
contemplated under the provisions of Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013 (hereinafter referred to as ‘the POSH Act’). The
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Internal Complaint Committee held enquiry and conciliation
proceedings.
8. It is intrigue to note that the Internal Complaint
Committee, instead of submitting its report on the gross
misconduct, molestation and sexual abuse/harassment of the
complainant-Dr.A, forced the complainant to withdraw the
complaint acknowledging that she had known Dr.Ashwin
Hebbar for 5 years as a General and Onco Surgeon. The
complainant and Dr.Ashwin Hebbar had also acknowledged, as
recorded by the Internal Complaint Committee in its conclusion
that there would be no escalation further and thus, the Internal
Complaint Committee closed the complaint of such a gross
misconduct and sexual abuse of the girl student at the hands of
Dr.Ashwin Hebbar, who otherwise should have been her
saviour, Guru, guide and philosopher.
9. It is evident that Dr.A had agreed to withdraw the
complaint under tremendous pressure exerted by Dr.Ashwin
Hebbar and the Committee members on her, inasmuch as on
the very next day i.e., 19.07.2022, she had approached the
jurisdictional Deputy Commissioner and requested for re-
enquiry. Accordingly, a Local Committee was constituted under
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the POSH Act and the Local Committee held an enquiry on
19.07.2022 itself opining that prima facie the allegations of
sexual harassment/abuse by Dr.Ashwin Hebbar were
established and as the complainant was making a request for
action under the said Rules, Dr.Ashwin Hebbar was kept under
suspension.
10. We find another disturbing feature of this case that the
writ Court, vide judgment dated 19.06.2024, allowed the writ
petition and quashed the order of suspension dated 21.07.2022
with the following observations:-
“9. 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
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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. However,
the disposal of the petition for the
aforesaid reasons cannot foreclose any
remedy that would be available to the
complainant or any action that the
respondent may intend to take in
accordance with law. In the light of the
afore, the following:
ORDER
The petition is allowed, and the
impugned order dated 21.07.2022
[Annexure-L] is quashed with the
observations as aforesaid.”
11. It appears that no departmental enquiry has been held
against Dr.Ashwin Hebbar for such a gross misconduct of him
unbecoming a doctor, professor and Government servant. We
are sure that having got emboldened initially by the interim
order and by the said judgment of the writ Court and no
departmental action against him, Dr.Ashwin Hebbar would have
sexually harassed and abused several students in the past, but
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the students did not come forward to complain about him for
several reasons not difficult to think of. 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.
12. The aforesaid judgment was passed by the writ Court on
19.06.2024. In less than a year since then, another complaint
came to be filed against Dr.Ashwin Hebbar by one Dr.P (name
withheld), a second year postgraduate student, Department of
General Surgery. The incident is dated 14.06.2025. On that
day, the doctors of the D-Unit of the Department of Surgery
had decided to hold a party at Sri Sai International Hotel,
Shimoga at 8.00 p.m. as the thesis of Dr.Rakesh, a final year
postgraduate student had been completed. The Unit Head,
Dr.Ashwin Hebbar, Dr.Madhana Swamy, the postgraduate
students and house doctors were participating in this party.
Dr.P who was a second year postgraduate student in SIMS and
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was working under the District Residential Program was also
invited to this party on having been forcibly asked by Dr.Ashwin
Hebbar to Dr.Rakesh to invite her. While sitting for the dinner
at the party, Dr.Ashwin Hebbar made Dr.P sit next to him and
sexually harassed her during dinner. Dr.P had filed a complaint
with the Internal Complaint Committee on 19.06.2025. The
complaint would read as under:-
“… I was invited by my Senior Dr.Rakesh to
dinner party on 14.06.2025 at Sri Sai
International Hotel, Shimoga for celebrating
his thesis completion. He invited me to the
dinner as insisted by Dr.Ashwin Hebbar. We
reached the venue at around 8.00 p.m.
Several others attended the party along with
me.
Dr.Ashwin Habbar asked me to sit beside
him. So, I casually got seated next to him
and was having dinner. Then, he sexually
harassed me by inappropriately touching my
thigh repeatedly and holding my hand under
the table. This continued for about 20 to 25
minutes. I was shocked and could not process
what was happening to me at that time. I
could not react/respond or ask for help.
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I am writing this complaint after thoroughly
discussing with my family and friends, 4 days
after the incident. I am very aggrieved,
feeling uncomfortable and unsafe. I am
lodging this complaint so that necessary
disciplinary action will be taken for his
misbehaviour and for terminating him from
employment. I take this matter very seriously
and hope that it will be taken seriously by the
organization as well. I request you to
investigate this matter and take appropriate
action to ensure that these incidents do not
happen to me or to any else again.”
13. An FIR at the Women’s Police Station came to be
registered on 20.06.2025 in Crime No.54/2025 under Section
75(2) of the Bharatiya Nyaya Sanhita, 2023 and Section
3(1)(w)(i) and 3(2)(va) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Amendment Act, 2015.
Dr.Ashwin Hebbar was arrested on 26.06.2025 and remained in
judicial custody till 04.07.2025 when he was granted bail. He
was in custody for more than 48 hours. He was placed under
suspension in terms of Rule 33 of the said Rules.
14. In the interim report dated 03.07.2025, the POSH
Committee found the allegations prima facie true against
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Dr.Ashwin Hebbar. In the final report dated 05.08.2025, the
POSH Committee observed as under:-
“On 14.06.2025, Dr.Ashwin Hebbar, the
Head of D-Unit called Dr.Rakesh and
told him to hold a thesis party for the
doctors of D-unit on the same day in
the evening at Sri Sai International
Hotel. Dr.Ashwin Hebbar had instructed
Dr.Rakesh to also invite Dr.P who had
completed her postgraduate studies in
D-Unit, to the party. Accordingly, Dr.
Rakesh invited Dr. Madhana Swamy, a
doctor from D-Unit, postgraduate
students, Dr.Ajay, Dr. Jayasurya and
house doctors Dr. Sanath Raghava,
Dr.Sabhahat Takhi and Dr.Radhika.
Around 8.00 to 8.30 p.m., everyone
gathered at the hotel and after
Dr.Ashwin Hebbar arrived, everyone
went to the dining hall. While sitting
down to eat, Dr.Ashwin Hebbar asked
Dr.P to sit next to him. This was
observed by Dr.Sanath and
Dr.Sabhahat Thaki. Dr.P was sexually
harassed while eating. Dr.Madhana
Swamy, Dr.Rakesh, Dr.Sanath and
Dr.Sabhahat Thaki observed) and after
the victim complained, Dr.Ashwin
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Hebbar called Dr.Madhana Swamy on
phone and requested him to testify on
his behalf (call recording).”
Therefore, the Committee is of the
opinion that Dr.Ashwin Hebbar, who
was sitting next to the victim Dr.P,
sexually harassed her by holding her
hand and touching her thighs. Similar
complaint was filed against him before
the Internal Complaint Committee in
the year 2022.
The victim has requested that disciplinary action be taken against Dr.Ashwin Hebbar including his
dismissal from work and cancellation of
his medical licence.
The opinion of this Committee has been
submitted for perusal, stating that
necessary action should be taken
against Dr.Ashwin Hebbar as per the
KCSR, Bye Law Karnataka Civil Services
(Conduct) Rules, 2021 and the Sexual
Harassment of Women at Workplace
(Prevention, Prohibition and Redressal)
Act, 2013.”
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III INSTITUTION’S RESPONSE AND UTTER FAILURE:
15. So far so good. But the case takes another ugly turn
hereafter. It appears that the Director of SIMS had written a
letter dated 24.06.2025 to the Principal Secretary, Medical
Education Department to initiate disciplinary proceedings
against Dr.Ashwin Hebbar in view of the directions issued by
the POSH Committee to hold the enquiry and submit report
immediately as well as in view of the FIR registered against
Dr.Ashwin Hebbar. The Director had again written a letter
dated 30.06.2025 regarding the criminal case against
Dr.Ashwin Hebbar, his arrest and his judicial custody which was
till 04.07.2025, when he was granted bail. Thereafter, the
Director once again wrote a letter requesting the Appointing
Authority i.e., the Principal Secretary of Medical Education to
place Dr.Ashwin Hebbar under suspension as per the provisions
of Rule 33 of the said Rules inasmuch as he had been in police
custody for more than 48 hours. It is also said that if the order
of suspension was not issued, the postgraduate students would
likely to go on a strike. Thereafter, on 03.07.2025, Dr.Ashwin
Hebbar was placed under suspension, as stated above.
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16. The Principal Secretary wrote a letter dated 28.08.2025
to submit the Articles of Charges to initiate departmental
enquiry against Dr.Ashwin Hebbar. The Articles of Charges
were forwarded to the Principal Secretary of the Medical
Education Department on 12.11.2025.
17. Dr.Ashwin Hebbar submitted a representation dated
21.07.2025 i.e., within 18 days of suspension order to the
Director of SIMS requesting his reinstatement in the services of
the Institute. The said representation was forwarded by the
Director on 08.09.2025 to the Principal Secretary, Medical
Education Department. The Principal Secretary sought the
opinion on 22.09.2025 with respect to reinstatement of
Dr.Ashwin Hebbar into the service within one week based on
the representation dated 21.07.2025 submitted by him. On
this Letter dated 22.09.2025 written by the Principal Secretary,
the Director had given his opinion on 06.10.2025, a written
glowing encomium and him being indispensable to the SIMS
without listing out his sins, and asking for his reinstatement.
We will deal with this a little later. The Principal Secretary
passed the order dated 17.11.2025, within four and half
months from the date of his suspension, reinstating Dr.Ashwin
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Hebbar into the service and transferring him temporarily to
Haveri Institute of Medical Sciences until further orders.
Dr.Ashwin Hebbar was relieved from SIMS on 29.11.2025.
However, he did not report at Haveri Institute of Medical
Sciences and this fact was brought to the notice of the Principal
Secretary by the Director of SIMS on 22.12.2025.
18. Dr.Ashwin Hebbar filed W.P.No.35404/2025 challenging
his transfer from SIMS vide order dated 17.11.2025, whereby
he was reinstated into service, but transferred temporarily to
Haveri Institute of Medical Sciences until further orders. He was
aggrieved by his transfer.
19. Strangely enough, the writ Court, vide impugned order
dated 09.02.2026, had stayed the temporary transfer of
Dr.Ashwin Hebbar. from SIMS to Haveri Institute of Medical
Sciences on the ground that the transfer can be made only if
the resolutions are passed by the respective Governing Councils
to relieve and accept the concerned person and as his transfer
was not backed by the resolutions. The present
W.A.No.675/2026 has been filed against the said order.
20. After the interim order dated 09.02.2026 was passed in
W.P.No.35404/2025 staying the temporary transfer of
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Dr.Ashwin Hebbar from SIMS to Haveri Institute of Medical
Sciences, the said resolutions granting post facto approval for
transfer also came to be challenged by Dr.Ashwin Hebbar by
filing another writ petition in W.P.No.15057/2026 and the writ
Court, vide order dated 12.05.2026, stayed the said resolutions
as well.
21. Thus, the institutions and those who have duty to protect
the dignity, honour and provide justice to the victims of sexual
abuse failed Dr.P in her pursuit to get justice. Staying the
transfer of Dr.Ashwin Hebbar was like adding salt to the injury
of the victim who would face him everyday in the SIMS.
IV PROCEEDINGS IN THE PRESENT WRIT OF APPEAL:
22. On 02.06.2026, we passed the following order:
“Notice on behalf of the respondent has
been accepted by Mr.Satish, learned
counsel who is on caveat on behalf of
respondent No.3, who is accused of
sexually harassing/molesting a Post
Graduate student of Second year course
(General Medicine).
A similar complaint was filed against the
3rd respondent in 2022. Within three
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years, this is the second incident where
the respondent No.3 has been found
guilty of sexually harassing/molesting his
student. The Internal Complaint
Committee in a detailed inquiry has
found him guilty of sexually
harassing/molesting the Second year
Post Graduate student.
The learned Single Judge solely on the
ground that the transfer order was not
backed by a Board Resolution has stayed
the transfer order. The post facto
resolution of the Board has been placed
on record.
A teacher who has been found guilty of
sexually harassing/molesting his own
student cannot remain in the same
institution and this would add salt to the
injury of the victim, humiliation and
trauma to her who will face such a
teacher every day in the Institute. We,
therefore, in the facts and circumstances
of the case are of the view that the post
facto approval of the transfer is valid,
and transfer of the respondent No.3 was
required to be given effect to with
immediate effect to some other
Institution, to conduct a fair and
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impartial inquiry on allegation of sexual
harassment/molestate by him to his own
students. At the moment we are not
observing further, but we will pass a
detailed order after the pleadings get
completed.
Therefore, we stay the impugned order
passed by the learned Single Judge.
Let the response to the appeal be filed by
the respondent No.3, within a period of
10 days from today.
Post this appeal on 15.06.2026.”
23. On 15.06.2026, we issued notice to Mr.Mohammed
Mohsin, Principal Secretary to the Government of Karnataka
and Vice-Chairman of the Governing Council, Institute of
Medical Sciences, Shimoga to file his personal affidavit for his
order dated 17.11.2025 withdrawing the suspension of
Dr.Ashwin Hebbar. The said order would read as under:-
“Issue notice to Mr. Mohammed Mohsin,
Principal Secretary to Government and
Vice-Chairman of Governing Council,
Institute of Medical Sciences, Shimoga
to file his personal affidavit for his order
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passed on 17.11.2025 for withdrawing
the suspension of Dr. Ashwin Hebbar,
Associate Professor, Department of
General Surgery, SIMS Shivamoga.
Dr. Ashwin Hebbar is accused of Molestation and sexual abuse of a second year post-graduate student
whose modesty was outraged by said
Dr. Ashwin Hebbar in a party. The
charge against him stands proved in the
report submitted by the Internal
Complaint Committee. This is the
second instance where such a complaint
has been made against Dr. Ashwin
Hebbar. Despite Such a serious charge
against Dr. Ashwin Hebbar, vide order
dated 17.11.2025. Mr.Mohammed
Mohsin, Principal Secretary has ordered
for the reinstatement and revocation of
the suspension order. We therefore,
direct him to file his personal affidavit
for necessary direction referring the
matter to the DoPT, for taking
appropriate action against such an
officer, who is totally oblivious to the
sensitivity of the matter and appears to
have scant concerns for the women
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safety and dignity and their well being
at the workplace.
Let the affidavit be filed within a period
of 10 days from today. Let the affidavit
be also filed by the Director, who has
recommended for reinstatement and
revocation of suspension of Dr. Ashwin
Hebbar.
Let the order passed by this Court be
communicated to Principal Secretary
and Director of Shimoga Institute of
Medical Sciences by Sri. S.B.Totad,
learned counsel for the appellant-
Institute and the learned Additional
Government Advocate for the
Government for necessary compliance.
We direct their personal presence
before this Court on the next date of
hearing i.e., on 01.07.2026.”
24. In compliance of the directions issued by this Court,
Mr.Mohammed Mohsin, Principal Secretary to Government and
Vice-Chairman of the Governing Council, SIMS and
Dr.Virupakshappa V, Director, SIMS had filed their personal
affidavits. Having read those affidavits, on 01.07.2026, we
passed the following order:-
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“In compliance of the order dated
15.06.2026 Mr.Mohammed Mohsin,
Principal Secretary to Government and
Vice-Chairman of the Governing
Council, Shimoga Institute of Medical
Sciences and Dr. Virupakshappa V,
Director, Shimoga Institute of Medical
Sciences have filed their personal
affidavits before the Court.
2. However, Mr. Mohammed
Mohsin is not present in person and an
application-I.A.No.3/2026 has been
filed seeking his exemption from
appearance today in the Court for the
reason that he is in abroad in respect
of an official engagement which was
finalized before the order dated
15.06.2026 came to be passed.
3. Considering the contents of the
application, I.A.No.3/2026 is allowed.
We direct Mr. Mohammed Mohsin,
Principal Secretary to Government and
Vice-Chairman of the Governing
Council, Shimoga Institute of Medical
Sciences to be present before the
Court on the next date of posting.
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4. So far as Dr. Virupakshappa V,
Director of Shimoga Institute of
Medical Sciences is concerned, he is
present in person before the Court. In
the personal affidavit filed by him, we
find no plausible explanation for the
recommendation to the Principal
Secretary, Department of Medical
Education, Government of Karnataka,
recommending revocation of
suspension of Dr. Ashwin Hebbar,
Associate Professor, Department of
General Surgery, Shimoga Institute of
Medical Sciences. While Dr.
Virupakshappa has praised Dr. Ashwin
Hebbar and almost read out
encomium in his favour, he has failed
to mention about Dr. Ashwin Hebbar’s
past misconduct of similar nature and
has also not mentioned the findings of
the Internal Complaint Committee,
lodging of the FIR, his arrest etc., but
has recommended for reinstatement
of such a doctor in the same
institution by revoking his suspension
order. It appears that Dr.
Virupakshappa, the Director of
Shimoga Institute of Medical Sciences
has put all efforts to save Dr. Ashwin
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Hebbar, and it will be difficult for the
victim to expect justice for the
harassment, she faced from Dr.
Ashwin Hebbar.
5. We are sure that only two cases
have come to light. Dr. Ashwin Hebbar
appears to be an incorrigible person
and such a person is being protected
by none other than the head of the
institute. We are not satisfied with the
explanation offered by Dr.
Virupakshappa who is present in
person today. We direct him to file his
further affidavit for passing further
order in the matter.
6. Post this appeal along with
W.P.Nos.35404/2025 and 15057/2026
on 13.07.2026.
7. On the said date, Dr.
Virupakshappa, Director of Shimoga
Institute of Medical Sciences, as well
as Mr. Mohammed Mohsin, Principal
Secretary to Government and Vice-
Chairman of Governing Council,
Shimoga Institute of Medical Science,
shall remain present before this
Court.”
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25. The recommendation dated 06.10.2025 was made by the
Director of SIMS to the Principal Secretary, Government of
Karnataka, Department of Medical Education on the request of
Dr.Ashwin Hebbar to reinstate him into service and revoke the
suspension. It appears that Dr.Ashwin Hebbar is a well
connected and powerful person. He got written several letters
from the political persons as well as NGOs etc., for revocation
of his suspension. Buckling down under pressure, the Principal
Secretary asked the Director of SIMS to make a
recommendation for revocation of the suspension of Dr.Ashwin
Hebbar. The Director was ever obliged to write encomium for
Dr.Ashwin Hebbar, without mentioning any word about his
misconduct, past and present, in his letter. The
recommendation dated 06.10.2025 would list out the following
facts:-
(i) Dr. Ashwin Hebbar under suspension was facing
departmental enquiry in a case of sexual harassment.
(ii) The Government servant was unnecessarily
suspended from service for a long period of time in connection
with the disciplinary measures, and continuous suspension
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would not only cause unnecessary financial burden to the
Government, but would also cause harassment to the
Government servant and would also hinder the disposal of the
case.
(iii) Dr.Ashwin Hebbar has completed his super-
specialty training in Surgical Oncology through the department
and is working at the institute. He has performed 647 surgeries
in General Surgery from July 2021 to June 2025 and 382
surgeries in Cancer Surgery. Total 1029 patients have
undergone surgery and an amount of Rs.1,47,20,030/- has
been collected for the organization at ABARK. Revocation of his
suspension would benefit a number of patients.
(iv) He has published about 19 national and
international journals since joining the service of the
organization and is currently working on 2 projects. He is a
teacher. His teachings are essential for UG and PG students in
the Department of General Surgery and he is an examiner in
several UG and PG examinations.
(v) Dr.Ashwin Hebbar is guiding 4 postgraduate surgery
students and his continuous guidance would be necessary for
the students to present their thesis.
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(vi) He is the head of the unit and according to the
National Medical Council, his services are very much needed by
the organization.
(vii) The current institution has started a super-specialty
hospital. Since he is a super specialist in Surgical Oncology, his
services are self-sufficient in treating the patients, and the
institution would benefit from grants from ABARK.
26. The Director also makes references to the representations
made by some public, local organizations and political persons
for revocation of suspension of Dr.Ashwin Hebbar. It was said
that as Dr.Ashwin Hebbar had been suspended, many patients
were resorting to private hospitals for treatment related to
cancer and complex surgeries due to the unavailability of his
services. The poor patients were financially affected and were
facing a lot of trouble. Only backward community people,
muslims and poor patients come to the Government hospital
and therefore, in the interest of public and patients, particularly
economically backward class and keeping in mind the concerns
of the society, the suspension of Dr.Ashwin Hebbar would not
be in the interest of the institution and the public in general.
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The final recommendation given by the Director would read as
under:-
"It is my understanding that the
reinstatement of Dr.Ashwin Hebbar,
Associate Professor, pending the
departmental inquiry, as per the NMC,
would be of great benefit to the
institution and the hospital in the
interest of treatment of patients and
teaching of UG and PG students.”
27. In paragraph 7 of the affidavit filed by Mr.Mohammed
Mohsin in compliance of the order dated 15.06.2026, it is
stated as under:-
“7. I state that on 06.10.2025, the
Director of the Appellant institution
addressed a letter to the Principal
Secretary, Medical Education
Department, Government of Karnataka,
seeking reinstatement of Respondent
No.3 to the Appellant institution on the
ground that he is the only Super-
Specialist Surgeon available in Oncology
department, that his services are
necessary for the institution, and that
the general public and local
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organisations have requested his
services. It was further stated that
Respondent No.3 is the Head of the
Department and that the Appellant
institution requires his services to fulfil
the criteria under the NMC guidelines.
Copy of the letter dated 06.10.2025 is
herewith produced as ANNEXURE – R3
for kind perusal of this Hon’ble Court.”
28. It is further said that the Director of the Institute had
given false information that there was only one Associate
Professor in the Institute. It is said that for the serious charge
against Dr.Ashwin Hebbar, the Government did not agree to
reinstate him in the services of the SIMS as recommended by
the Director of the institution vide his Letter dated 06.10.2025.
After withdrawing the suspension, he was transferred to the
Haveri Institute of Medical Sciences. However, Mr.Mohammed
Mohsin has withheld the information on his affidavit that he had
directed the Director, SIMS, vide Letter dated 22.09.2025, to
make recommendation on the representation dated 21.07.2025
submitted by Dr.Ashwin Hebbar for revocation of his
suspension.
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V. THE ORDER DATED 01.07.2026
29. When we found that the authorities and institutions had
failed Dr.P in her pursuit for justice, and have been completely
insensitive to the humiliation, harassment and pain of the girl
student subjected to sexual abuse/harassment by Dr.Ashwin
Hebbar, we passed the order dated 01.07.2026, which we have
already extracted above.
30. No one could expect justice to the victims of Dr.Ashwin
Hebbar when the institutions and authorities, who owe a moral
and a statutory duty to protect the dignity and honour of the
students, come to the aid of the accused.
VI ORDER DATED 13.07.2026
31. On 13.07.2026, we passed the following order:-
"An affidavit has been filed by
Dr.Virupakshappa.V, Director of
Shimoga Institute of Medical Sciences,
making his stand clear on his
recommendation dated 06.10.2025 to
the Principal Secretary, Government of
Karnataka, Medical Education
Department, recommending the
revocation of suspension of accused
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Dr. Ashwin Hebbar, and recommending
his continuation at Shimoga, against his
transfer.
In sum and substance, the material
placed along with the affidavit reveals
that all relevant facts were brought to
the notice of the Principal Secretary, in
respect of case against Dr.Ashwin
Hebbar. These facts would also include
the previous offence by him involving
the sexual assault on an intern at the
Shimoga Institute of Medical Sciences,
pursuant to which he was taken into
custody and an FIR was registered and
the second instance of molesting the
second year postgraduate student, in
respect of which another FIR came to
be registered, he was arrested, bailed
out and the Internal Complaint
Committee had found allegations
against Dr. Ashwin Hebbar correct.
The submission is that, pursuant to
Principal Secretary directing the
Director to submit another
recommendation for revocation of the
suspension, the Director addressed a
communication dated 06.10.2025
recommending the revocation of the
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suspension of Dr.Ashwin Hebbar, for
not transferring him to other place.
We would like a response from
Mr.Mohammed Mohsin, I.A.S, Principal
Secretary to the Government of
Karnataka and Vice-Chairman of the
Governing Council, Shimoga, Institute
of Medical Sciences on this affidavit by
the Director.
Let the response to the affidavit of
Dr. Virupakashappa.V filed by the
Mr.Mohammed Mohsin, I.A.S, Principal
Secretary of Government of Karnataka,
within a period of one week.
Post these matters on 20.07.2026.
Let Dr.Virupaksha.P and Dr.Mohammed
Mohsin, I.A.S., be present on the next
date of posting.”
32. As directed by us vide order dated 13.07.2026, further
affidavit was filed by Mr.Mohammed Mohsin, Principal
Secretary, Department of Medical Education, trying to put the
blame squarely on the Director in view of the letter of
recommendation dated 06.10.2025 by the Director, wherein he
wrote encomium for Dr.Ashwin Hebbar and stated that he had
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acted only on the recommendation of the Director of the
Institute. Whereas, Dr.Virupakshappa .V, Director of SIMS, has
tried to explain the recommendation dated 06.10.2025 upon
asking by the Principal Secretary.
33. Paragraph 20 of the affidavit dated 08.07.2026 filed by
Mr.Virupakshappa V, Director of SIMS, discloses that he had
given his opinion regarding the reinstatement of Dr.Ashwin
Hebbar on the basis of the notification issued by the State
Government dated 25.11.2020. The said paragraph 20 reads
as under:-
“20. I state that based on the letter
issued by the Principal the Secretary,
Medical Education Department I have
written my opinion Dated 06.10.2025
regarding reinstatement of the
Respondent No 3 based on the
Notification issued by the State
Government Dated 25.11.2020 in
reference to the Rule 10 of the Karnataka
Civil Service Rules 1957 that an
employee cannot be kept under
suspension for a period of more than 6
months.”
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34. However, Rule 10(5)(b) of the Karnataka Civil Services
(Classification, Control and Appeal) Rules, 1957 provides that if
a departmental inquiry is not initiated or a charge sheet is
not filed before the competent court within a period of
six months from the date of suspension, the competent
authority must review the suspension and decide whether to
continue or revoke it. Rule 10(5)(b) reads as under:
“(b) If departmental inquiry is not
commenced against the delinquent
Government Servant or charge sheet is
not filed in the court within a period of six
months from suspension, the competent
authority shall decide whether to revoke
or continue suspension of such
Government Servant and unless decided
and ordered for continuation within this
period, the suspension shall be deemed to
have been revoked i.e., from the date of
completion of a period of six months from
the date of suspension. Upon such
revocation of the order of his suspension,
it shall be the duty of the Government
servant to immediately seek order of
posting from the Appointing Authority,
failing which he shall be deemed to be on
unauthorized absence with effect from the
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date of revocation of the order of his
suspension.”
35. In the present case, the charge sheet was already issued
on 12.11.2025, therefore, pending enquiry, there was no
occasion for withdrawing the suspension order within four and
half months from the date of suspension for such a gross
misconduct.
VII CONCLUSION:
36. We have no manner of doubt that the Director as well as
the Principal Secretary, Department of Medical Education have
been totally insensitive to the honour, dignity, humiliation,
harassment and sexual abuse suffered by the students. They
themselves have committed gross misconduct of protecting an
accused who is facing the charges of sexually abusing and
harassing his own students. As we have noted, only two
complainants could muster the courage to come forward. There
could have been several girl students who would have been
victims of Dr.Ashwin Hebbar. Dr.Ashwin Hebbar, who is a
teacher/Associate Professor and expected to act as Guru, guide
and philosopher for the students, victimised them by sexually
abusing and harassing them.
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37. We would like to quote the following Doha of Saint Kabir
Das and English translation thereof wherein, the place of a
‘Guru’ is highlighted to the highest pedestal:-
“GURU GOVIND DOU KHADE, KAKE
LAGUN PAYE? BALIHARI GURU AAPNE,
GOVIND DIYO BATAYEIN”
“Both the Guru and God are standing
before me; at whose feet should I bow?
Glory be to the Guru, for it is he who
revealed God to me”
38. The incidents which we have stated above are just
opposite to the Doha and undermine it, with the Gurus like the
one involved in this case, turns down the entire meaning of
Doha. The misconduct of Dr.Ashwin Hebbar, in a professional
college in this era, amounts to giving ‘chilling effect to the
spine’. Given the facts and circumstances of the case, any
technicalities such as the one considered by the writ Courts, the
absence of resolution for transfer while passing the interim
order in W.P.No.35404/2025 and the post facto approval of
transfer of Dr.Ashwin Hebbar by means of the resolutions in
W.P.No.15057/2026, become secondary.
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39. For the foregoing reasons, we recommend disciplinary
action against Dr.Virupakshappa, Director of the Institute as
well as against Mr.Mohammed Mohsin, Principal
Secretary/Additional Chief Secretary and they should be
proceeded with.
40. The Department of Personnel and Training, Government
of India and the State Government are directed to take
appropriate action against Mr.Mohammed Mohsin, IAS, Principal
Secretary/ Additional Chief Secretary, Department of Medical
Education. The State Government is directed to take
departmental proceedings against Dr. Virupakshappa, Director
of the SIMS forthwith. We are of the view that they have
conducted themselves unbecoming of Government servants in
the matter of sexual abuse/harassment of the girl students of
the SIMS by Dr.Ashwin Hebbar and protecting the accused.
41. We are also at pain to note that the writ Court has also
been insensitive while staying the transfer of Dr.Ashwin Hebbar
without having any concern that how the students who had
faced sexual harassment, humiliation and pain in the hands of
Dr.Ashwin Hebbar would feel facing him everyday in the
institution. Extraordinary situations demand extraordinary
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solutions and therefore, the post facto approval of his transfer
from SIMS to Haveri Institute of Medical Sciences cannot be
said to be in any manner against the law. As we have noticed
above, the institutions and authorities have failed the victims of
sexual abuse by Dr.Ashwin Hebbar in their pursuit to justice.
42. The Supreme Court, in the case of UNION OF INDIA
AND OTHERS vs DILIP PAUL [2023 SCC OnLine SC 1423],
has held that in cases involving allegations of sexual
harassment, where the complainant’s testimony inspires
confidence, it must be given due weight, and misplaced
sympathy or unwarranted leniency towards the delinquent
employee is impermissible. The relevant paragraph is extracted
hereunder:
“45. As regards the manner in which the
court ought to exercise its powers of
judicial review in matters of disciplinary
proceedings particularly one pertaining to
sexual harassment, this Court in Apparel
Export Promotion Council v. A.K.
Chopra, (1999) 1 SCC 759 observed that
the courts should not get swayed by
insignificant discrepancies or hyper-
technicalities. The allegations must be
appreciated in the background of the
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entire case, and the courts must be very
cautious before any sympathy or leniency
is shown towards the delinquent. It further
held that the courts are obliged to rely on
any evidence of the complainant that
inspires confidence. The relevant
observations are reproduced below:–
“28. … In a case involving charge of
sexual harassment or attempt to sexually
molest, the courts are required to examine
the broader probabilities of a case and not
get swayed by insignificant discrepancies
or narrow technicalities or the dictionary
meaning of the expression “molestation”.
They must examine the entire material to
determine the genuineness of the
complaint. The statement of the victim
must be appreciated in the background of
the entire case. Where the evidence of the
victim inspires confidence, as is the
position in the instant case, the courts are
obliged to rely on it. Such cases are
required to be dealt with great sensitivity.
Sympathy in such cases in favour of the
superior officer is wholly misplaced and
mercy has no relevance. The High Court
overlooked the ground realities and
ignored the fact that the conduct of the
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respondent against his junior female
employee, Miss X, was wholly against
moral sanctions, decency and was
offensive to her modesty. Reduction of
punishment in a case like this is bound to
have demoralising effect on the women
employees and is a retrograde step. There
was no justification for the High Court to
interfere with the punishment imposed by
the departmental authorities. The act of
the respondent was unbecoming of good
conduct and behaviour expected from a
superior officer and undoubtedly
amounted to sexual harassment of Miss X
and the punishment imposed by the
appellant was thus commensurate with
the gravity of his objectionable behaviour
and did not warrant any interference by
the High Court in exercise of its power of
judicial review.
“29. At the conclusion of the hearing,
learned counsel for the respondent
submitted that the respondent was
repentant of his actions and that he
tenders an unqualified apology and that
he was willing to also go and to apologise
to Miss X. We are afraid, it is too late in
the day to show any sympathy to the
respondent in such a case. Any lenient
action in such a case is bound to have
demoralising effect on working women.
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Sympathy in such cases is uncalled for
and mercy is misplaced.”
(Emphasis supplied)
43. Dr.Ashwin Hebbar is a wolf in white coat. He must be
proceeded not only with the pending disciplinary proceedings
expeditiously, but also by the National Medical Commission and
if found guilty, his license should be cancelled. We, therefore,
not only allow the writ appeal, but also dismiss the writ
petitions. Let a copy of the judgment be sent to the National
Medical Commission for taking appropriate action against
Dr.Ashwin Hebbar.
44. The person who is facing such a serious charge of sexual
abuse and harassment of his own students has to remain
suspended and therefore, we, in exercise of our extraordinary
jurisdiction, cancel the order dated 17.11.2025, whereby
Dr.Ashwin Hebbar’s suspension was revoked. He shall remain
suspended till the disciplinary enquiry gets completed and
appropriate order of punishment is passed. However, he shall
remain attached with Haveri Institute of Medical Sciences.
45. Pending IAs, if any, do not survive for consideration and
accordingly, they stand disposed of.
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46. Let a copy of the judgment be forwarded forthwith to the
Chief Secretary, State of Karnataka; the Secretary, Ministry of
the Department of Personnel and Training, Union of India; and
the Secretary, National Medical Commission forthwith for
necessary compliance.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
BKV
CT:SN
