Authority: High Court of Karnataka at Bengaluru

Order Date: 04 August 2026

Case Overview

  • The appeal (Writ Appeal No. 675 of 2026) was filed by Shimoga Institute of Medical Sciences (SIMS) challenging the interim order dated 09.02.2026 that stayed the temporary transfer of Dr. Ashwin Hebbar from SIMS to Haveri Institute of Medical Sciences.
  • The appeal was clubbed with two writ petitions: WP No. 35404/2025 (filed by Dr. Hebbar) and WP No. 15057/2026 (also filed by Dr. Hebbar). Both petitions sought to quash orders that transferred or approved the transfer of Dr. Hebbar despite pending disciplinary matters.
  • Dr. Ashwin Hebbar, Associate Professor, Department of General Surgery at SIMS, was first appointed as Senior Resident on 18.05.2007 and regularised from 01.08.2007.
  • Two separate sexual harassment allegations were lodged against Dr. Hebbar:

1. In August 2022, Dr. A (name withheld) complained that Dr. Hebbar squeezed her chest on 15.07.2022. An FIR (Crime No.70/2022) was filed under Section 354A IPC. Dr. Hebbar was arrested, released on bail, and suspended on 21.07.2022 under Rule 33 of the Karnataka State Civil Services (Conduct) Rules, 2021.

2. In June 2025, Dr. P (name withheld) alleged that Dr. Hebbar sexually harassed her at a dinner party on 14.06.2025. An FIR (Crime No.54/2025) was filed under Section 75(2) of the Bharatiya Nyaya Sanhita, 2023 and relevant Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act provisions. He was arrested on 26.06.2025, remained in custody for more than 48 hours, and was again suspended under the same rule.

  • Internal Complaint Committee (POSH Committee) inquiries were conducted for both complaints. The 2022 committee forced the complainant to withdraw the complaint under pressure; a Local Committee later found the allegations prima facie true and recommended suspension.
  • The 2025 POSH Committee’s interim report (03.07.2025) and final report (05.08.2025) concluded that Dr. Hebbar had sexually harassed Dr. P by touching her thigh and hand for about 20‑25 minutes, and recommended disciplinary action, including dismissal and cancellation of his medical licence.
  • The Director of SIMS (Dr. Virupakshappa V) wrote letters dated 24.06.2025, 30.06.2025 and 06.10.2025 recommending reinstatement and revocation of suspension, citing Dr. Hebbar’s surgical volume (1,029 surgeries generating Rs.1,47,20,030), publications (19 papers), and teaching responsibilities.
  • The Principal Secretary, Department of Medical Education (Mr. Mohammed Mohsin) issued an order on 17.11.2025 reinstating Dr. Hebbar and transferring him temporarily to Haveri Institute of Medical Sciences, despite the POSH findings.
  • The writ court, in WP No. 35404/2025, stayed the transfer on 09.02.2026 because the transfer lacked a governing‑council resolution. The same court stayed the post‑facto resolutions approving the transfer on 12.05.2026.
  • Throughout the proceedings, the Court noted that the Director and Principal Secretary had acted insensitively, ignored the POSH Committee’s findings, and protected the accused.
  • The Court also highlighted statutory provisions: Rule 33 (suspension) and Rule 10(5)(b) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, which require a departmental enquiry or charge‑sheet within six months of suspension. A charge‑sheet was issued on 12.11.2025, making the earlier revocation of suspension procedurally improper.

Final Outcome

  • The Court allowed the writ appeal, dismissed the two writ petitions, and reinstated the suspension of Dr. Ashwin Hebbar.
  • Dr. Hebbar shall remain suspended and attached to Haveri Institute of Medical Sciences until the departmental enquiry is completed and a punishment is passed.
  • The Court directed disciplinary action against Dr. Virupakshappa V (Director, SIMS) and Mr. Mohammed Mohsin (Principal Secretary, Department of Medical Education).
  • Copies of the judgment are to be sent to the Chief Secretary, State of Karnataka; the Secretary, Ministry of Personnel and Training, Government of India; and the Secretary, National Medical Commission for appropriate action, including possible cancellation of Dr. Hebbar’s medical licence.
  • All pending interim applications were disposed of.

Topics: Sexual Harassment, Medical Education, Judicial Review