- 1 - NC: 2025:KHC:14649-DB WP No. 9047 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH 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. 9047 OF 2025 (S-KSAT) BETWEEN: SRI. DINESH KUMAR G T, S/O. LATE G. THIPPERUDRAPPA, AGED ABOUT 44 YEARS, WAS WORKING AS COMMISSIONER, MYSORE URBAN DEVELOPMENT AUTHORITY, JLB ROAD, MYSORE - 570 005, RESIDING AT FLAT NO. A1-107, VAISHNAVI NORTH 24 APARTMENT, PAMPA EXTENSION, RANNA ROAD, KEMPAPURA, HEBBALA, BANGALORE 560 024. …PETITIONER (BY SRI. SATISH K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BANGALORE 560 001. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE 560 001. …RESPONDENTS (BY SRI.VIKAS ROJIPURA.,AGA) THIS WRIT PETITITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR RECORDS FROM THE HON’BLE KARNATAKA STATE Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14649-DB WP No. 9047 of 2025 ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 18/03/2025 PASSED IN APPLICATION NO.117/2025 (ANNEXURE-A) AND B)SET ASIDE THE IMPUGNED ORDER DATED 18/03/2025 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.117/2025 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION NO.117/2025 AS SOUGHT FOR BY THE PETITIONER BEFORE THE HONBLE TRIBUNAL (ANNEXURE-B) AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, 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 a Civil Servant is knocking at the doors of Writ Court being aggrieved by State Administrative Tribunal’s order dated 18.03.2025 whereby his Application No.117/2025 has been negatived. In the said Application Petitioner had assailed the suspension order dated 18.03.2025. 2. Learned counsel for the Petitioner submits and we agree with the same that the subject matter of this petition is substantially similar to the one in W.P.No.22677/2024 (S-KSAT) between SRI LOKNATH.R - 3 - NC: 2025:KHC:14649-DB WP No. 9047 of 2025 vs. STATE OF KARNATAKA disposed off by a Co-ordinate Bench of this Court on 12.12.2024 wherein it has been held that by virtue of amended Rule 10(5)(b) of KCS (CCA) Rules, 1957, the suspension stands automatically rescinded on the lapse of six months, in the absence of extension order. 3. Learned counsel for the Petitioner vehemently argues that though the suspension order does not specify any period, the same spends itself once six months lapse from the date of its issuance. This view is supported by the cognate decision in LOKNATH supra. Despite vehement submissions learned AGA is not in a position to differentiate the fact matrix of this case from that of the said decision. It hardly needs to be stated that a relief granted to a litigant in a given fact matrix ordinarily cannot be denied to other similarly circumstanced persons, in the absence of demonstrable variables. In the above circumstances, Petitioner’s suspension stands rescinded with effect from the date on which a period of six months expires. As a consequence, all - 4 - NC: 2025:KHC:14649-DB WP No. 9047 of 2025 benefits service & monetary have to be extended to the Petitioner, whose duty report shall be accepted by the jurisdictional Respondents forthwith. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE Snb/ List No.: 1 Sl No.: 21