- 1 - HC-KAR NC: 2025:KHC:22048 WP No. 5870 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5870 OF 2023 (S-RES) BETWEEN: SRI VINAY M S S/O LATE SUBBANNA M S AGED ABOUT 36 YEARS JUNIOR TRAINING OFFICER THE TECHNICAL TRAINING CENTER FOR DEAF NO 28/2 HAINES ROAD NEW BAMBOO BAZAR ROAD BANGALORE 560051 (NOW UNDER ILLEGAL ORDER OF SUSPENSION) R/ AT MUTHUR VILLAGE MALLUR POST SHIDLGHATTA TALUK CHIKKAGBALLPUR DISTRICT 562102. …PETITIONER (BY SRI. SUBRAMANYA BHAT M., ADVOCATE) AND: 1. THE COMMISSIONER DEPARTMENT OF EMPLOYMENT AND TRAINING KAUSHALYA BHAVAN BANGALORE 560029. 2. THE JOINT DIRECTOR (TRAINING) DIVISIONAL OFFICE DEPARTMENT OF EMPLOYMENT AND TRAINING KAUSHALYA BHAVAN BANGALORE 560029. 3. MANAGING TRUSTEE REACH OUT EDUCATIONAL EMPLOYMENT TRUST Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22048 WP No. 5870 of 2023 FOR DISABLED UNDER PRIVILEGED WOMEN AND CHILDREN NO 28/2, HAINES ROAD NEW BMBOO BAZAR ROAD BANGALORE -560051. …RESPONDENTS (BY SRI.VIKAS ROJIPURA, AGA FOR R1 & R2: SRI. S K RAVI., ADVOCATE FOR R3 [ABSENT]) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY FULL SALARY AND EMOLUMENTS DURING THE PERIOD BETWEEN 09.03.2017 AND 20.08.2018 DURING THE PERIOD WHEN PETITIONER WAS KEPT UNDER SUSPENSION, BY CONSIDERING THE REPRESENTATION DATED: 21/07/2022 PRODUCED AT ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following relief: “Issue writ of mandamus or appropriate order or direction directing the respondents to pay full salary and emoluments during the period between 09.03.2017 and 20.08.2018 during the period when the petitioner was kept under suspension, by considering the representation dated 21.07.2022 produced at Annexure-F.” - 3 - HC-KAR NC: 2025:KHC:22048 WP No. 5870 of 2023 2. The petitioner joined the services of Technical Training Centre – the third respondent herein, as the Junior Training Officer in Turner Trade as per the appointment order dated 03.10.2011. The post of the petitioner was admitted to grant-in-aid by order dated 18.01.2012 vide Annexure-A. While the petitioner was working as a Junior Training Officer in the third respondent – Institution, the Management, by order dated 09.03.2017 vide Annexure-B, kept the petitioner under suspension. Being aggrieved by the same, the petitioner approached this Court by filing W.P.No.29079/2017. This Court, by order dated 21.06.2018 vide Annexure-C, granted an interim order of stay, staying the suspension order dated 09.03.2017. Finally, by order dated 26.07.2021 vide Annexure-D, the writ petition was allowed and the suspension order dated 09.03.2017 was quashed since the respondent – Management has not initiated any enquiry even after more than four years of the passing of the suspension order. The petitioner submitted a - 4 - HC-KAR NC: 2025:KHC:22048 WP No. 5870 of 2023 representation to the Management, dated 27.05.2022 vide Annexure-E, for payment of full salary for the period between 09.03.2017 and 20.08.2018. Since no action has been taken, the petitioner is before this Court. 3. The learned counsel for the petitioner submits that since the suspension order has been quashed by this Court and no enquiry has been conducted by the Management,, the suspension order dated 09.03.2017 is non-est in law. Hence, the petitioner is entitled to full salary and emoluments for the period from 09.03.2017 to 20.08.2018. Hence, he sought for allowing the writ petition. 4. The learned AGA appearing for the respondent – State submits that since the management has not obtained prior approval of the competent authority before suspension of the petitioner, the Management is liable to pay the amount. 5. None appears for the respondent – Management. - 5 - HC-KAR NC: 2025:KHC:22048 WP No. 5870 of 2023 6. In view of the above, respondent No.3 – Management is directed to consider the representation submitted by the petitioner vide Annexure-E dated 27.05.2022, in accordance with law, as expeditiously as possible, not later than three months from the date of the receipt of the copy of this order. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 42