Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 22767 (KAR)

SMT.SWAPNA R.S v. THE STATE OF KARNATAKA

WP/11085/2024 · 2025-06-30

S G Pandit, T M Nadaf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23076-DB WP No. 11085 of 2024 C/W WP No. 11505 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.11085 OF 2024 (S-KSAT) C/W WRIT PETITION NO.11505 OF 2024 (S-KSAT) IN WP No.11085/2024: BETWEEN: SMT. SWAPNA R.S W/O LATE UMESH R S AGED ABOUT 41 YEARS, WAS WORKING AS DEPUTY COMMISSIONER OF EXCISE DAVANAGERE DISTRICT – 577 004 PRESENTLY WORKING AS DEPUTY COMMISSIONER OF EXCISE, HAVERI DISTRICT HAVERI 581110 RESIDING AT NO.3433/2, 4TH MAIN, 10TH CROSS, S S LAYOUT, B BLOCK, DAVANAGERE – 577 004 …PETITIONER (BY SRI. SUMUKH SHASTRY R, ADVOCATE FOR SRI. SATISH K, ADVOCATE) AND: THE STATE OF KARNATAKA DEPARTMENT OF FINANCE (EXCISE) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23076-DB WP No. 11085 of 2024 C/W WP No. 11505 of 2024 REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA, BANGALORE – 560 001 …RESPONDENT (BY SRI. B.RAVINDRANATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) SET ASIDE THE IMPUGNED ORDER DATED 05.04.2024 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN APPLICATION No. 5117/2023 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION No. 5117/2023 AS SOUGHT FOR BY THE PETITIONER BEFORE THE HONBLE TRIBUNAL (ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY; c) PASS ANY OTHER ORDER INCLUDING THE COST OF THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO.11505/2024: BETWEEN: SMT. SHEELA J K W/O SRI NAGARAJU K L AGED ABOUT 44 YEARS, WORKING AS INSPECTOR OF EXCISE, HARIHARA RANGE, DAVANAGERE DISTRICT – 577 601 NOW UNDER THE ORDERS OF SUSPENSION RESIDING AT NO.1956, PRUTHVI NILAYA, 1ST A CROSS, A-BLOCK, S S LAYOUT DAVANAGERE DISTRICT – 577 004 ...PETITIONER (BY SRI. SREEDHAR G BIDRE, ADVOCATE FOR SRI. RAGHAVENDRA G GAYATRI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:23076-DB WP No. 11085 of 2024 C/W WP No. 11505 of 2024 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE (EXCISE) VIDHANA SOUDHA BANGALORE – 560 001 2. THE COMMISSIONER DEPARTMENT OF EXCISE II FLOOR, TTMC BUILDING, A BLOCK, SHANTHINAGAR BANGALORE – 560 027 ...RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI AND SET ASIDE THE ORDER OF THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL PASSED ON 05.04.2024 IN APPLICATION No.5123/2023 (VIDE ANNEXURE-A) AND ALLOW THE APPLICATION AS PRAYED FOR; b) ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING THE 1ST AND 2ND RESPONDENTS TO CONTINUE THE PETITIONER IN HER POST; c) GRANT SUCH OTHER ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE T.M.NADAF - 4 - HC-KAR NC: 2025:KHC:23076-DB WP No. 11085 of 2024 C/W WP No. 11505 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Both the petitioners in the above writ petitions approached the Karnataka State Administrative Tribunal, Bengaluru, (for short, ‘the Tribunal’) questioning the order of suspension dated 28.11.2023 and 03.11.2023 respectively in Applications No.5117/2023 and 5123/2023. The Tribunal by its order dated 05.04.2024 in the above stated applications rejected the contentions of the petitioners and consequently, dismissed the applications. Questioning the order passed by the Tribunal as well as the order of suspension stated above, the petitioners are before this Court. 2. Heard Sri.Sumukh Shastry R., learned counsel for the petitioner in W.P.No.11085/2024 and Sri.Shreedhar G. Bidre, learned counsel for the petitioner in W.P.No.11505/2024 as well as Sri.B.Ravindranath, learned AGA for the respondents in both the petitions. 3. Sri.Sumukh Shastry R., learned counsel for the petitioner in W.P.No.11085/2024 files a memo dated 30.06.2025 enclosing notification dated 25.07.2024 and - 5 - HC-KAR NC: 2025:KHC:23076-DB WP No. 11085 of 2024 C/W WP No. 11505 of 2024 29.01.2025 transferring the petitioner on revocation of suspension. Learned counsel for the petitioner in W.P.No.11505/2024 also files a memo dated 30.06.2025 enclosing order dated 07.04.2025 of the Commissioner of Excise, revoking the suspension. 4. Both the memos are placed on record. 5. In view of revocation of suspension of the petitioners, the above writ petitions would no more survive for consideration. 6. All the contentions of the parties are left open. 7. Both the writ petitions stand disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 4