Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16893-DB WP No. 8487 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 8487 OF 2025 (S-KSAT) BETWEEN:
SHRI. JAGADEESHA K.G S/O LATE GANGALAKKAIAY AGED ABOUT 59 YEARS WORKING AS CHIEF ENGINEER (UNDER ORDERS OF SUSPENSION) NATIONAL HIGHWAYS PUBLIC WORKS DEPARTMENT ANNEX K.R.CIRCLE, BENGALURU-560 001 R/AT NO.51/100, 21-A CROSS MARENAHALLI, VIJAYANAGAR BENGALURU-560 040 …PETITIONER (BY SRI. VIJAYA KUMAR, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS VIDHANA SOUDHA BENGALURU-560 001
2.
3.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT
VIKASA SOUDHA BENGALURU-560 001
Digitally signed by SHAKAMBARI Location: High Court of Karnataka
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NC: 2025:KHC:16893-DB WP No. 8487 of 2025
THE ADDITIONAL DIRECTOR GENERAL OF POLICE, KARNATAKA LOKAYUKTA POLICE DR.AMBEDKAR VEEDHI M.S. BUILDING BENGALURU-560 001 …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 11/03/2025 PASSED BY THE HON'BLE TRIBUNAL IN APPLICATION NO.4848/2024 (VIDE ANNEXURE-A) AND ALLOW THE APPLICATION AS PRAYED FOR AND PASS SUCH OTHER ORDER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
Petitioner-Chief Engineer is knocking at the doors of Writ Court assailing the State Administrative Tribunal's
order dated 11.3.2025 whereby his Application NO.4848/2024 has been negatived. In the said
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NC: 2025:KHC:16893-DB WP No. 8487 of 2025
application, he had called in question suspension order dated 10.10.2024 on several grounds.
2.
Learned counsel for the petitioner submits that regardless of legality of the order of the Tribunal, by virtue of operation of Rule 10(5)(b) of KCS (CCA) Rules, 1957, the suspension is deemed to have been revoked inasmuch as, neither there is an order extending the period of suspension nor the Charge Memo has been registered to his client.
3. Sri Vikas Rojipura, learned AGA appearing for the official respondents vehemently opposes the petition making submission in justification of the impugned order of the Tribunal and the reasons on which it has been constructed. He submits that putting an employee under suspension is prerogative of the employer and that ordinarily writ Courts should not interfere in such matters. So contending, he seeks dismissal of the Writ Petition.
4. Having heard the learned counsel for the parties and having perused the petition papers, we are inclined to
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NC: 2025:KHC:16893-DB WP No. 8487 of 2025
grant indulgence in the matter broadly agreeing with submission made on behalf of the petitioner that in terms of the extant rule, the subject suspension is deemed to have been revoked and in terms of petitioner's representation dated 15.04.2025, he needs to be put back in the post/office for functional purpose as before, there being neither extension of suspension nor issuance of Charge Memo. However, deemed revocation of suspension shall not interdict the contemplated disciplinary enquiry, if any.
Ordered accordingly and Writ Petition is disposed off, costs having been made easy. Time for compliance, four weeks. Delay if brooked, will be viewed seriously.
Sd/- (KRISHNA S DIXIT) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE
SK/Bsv/List No.: 1 Sl No.: 40