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2025 DAILYLAW 28871 (KAR)

SRI SUDARSHAN P v. THE STATE OF KARNATAKA

WP/18093/2024 · 2025-06-20

S G Pandit, T M Nadaf

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21624-DB WP No. 18093 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH 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.18093 OF 2024 (S-KSAT) BETWEEN: SRI SUDARSHAN P S/O LATE PRAKASH. S, AGED ABOUT 34 YEARS, WAS WORKING AS PANCHAYATH SECRETARY, GRADE-I, IN-CHARGE PANCHAYATH DEVELOPMENT OFFICER, C.K. PURA GRAM PANCHAYATH, PAVAGADA TALUK, TUMKUR DISTRICT - 572 116, PRESENTLY WORKING AS PANCHAYATH SECRETARY, GRADE-I, IN-CHARGE PANCHAYATH DEVELOPMENT OFFICER, VALLUR GRAM PANCHAYATH, PAVAGADA TALUK, TUMKUR DISTRICT - 572 136, RESIDING AT INCHARA NILAYA, 2ND B CROSS, MARUTHI NAGAR, NEAR DASAPPA GARDEN, TUMKUR - 572 102. …PETITIONER (BY SRI. SATISH K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF RURAL Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21624-DB WP No. 18093 of 2024 DEVELOPMENT AND PANCHAYATH RAJ, REPRESENTED BY ITS PRINCIPAL SECRETARY, M. S. BUILDING, BANGALORE - 560 001. 2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, TUMKUR DISTRICT, TUMKUR - 572 101. 3. THE DEPUTY SECRETARY ZILLA PANCHAYATH, TUMKUR DISTRICT, TUMKUR - 572 101. …RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA FOR R1; SRI. NAGARAJAPPA, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 01.07.2024 PASSED BY THE HON’BLE KARNATKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No.4539/2023 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION No.4539/2023 AS SOUGHT FOR BY THE PETITIONER BEFORE THE HON’BLE TRIBUNAL (ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:21624-DB WP No. 18093 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, a Panchayat Secretary, Grade-I, is before this Court in this writ petition, questioning the order dated 01.07.2024, in Application No.4539/2023, where under the petitioner challenged the order of suspension dated 12.10.2023 is rejected. 2. Heard the learned counsel Sri.Sathish.K, for the petitioner, learned AGA, Sri.B.Ravindranath, for respondent No.1, Sri.Nagarajappa, learned counsel for respondent Nos.2 and 3. Perused the entire writ petition papers. 3. The learned counsel for the petitioner would submit that the order of suspension was stayed by the Tribunal and subsequently under the impugned order; the application came to be rejected. Further, it is submitted that in the present writ petition also this Court granted interim order on 09.07.2024, staying the order of - 4 - HC-KAR NC: 2025:KHC:21624-DB WP No. 18093 of 2024 suspension. By virtue of the interim order, the petitioner is continuing as Panchayat Secretary, Grade-I. 4. The learned counsel for the petitioner would submit that since no charge-memo is issued for more than six months in terms of Rule-10(5)(b) of Karnataka Civil Services (CCA) Rules 1957, the suspension is deemed to have been revoked. 5. On the other hand, learned AGA, Sri.B.Ravindranatha, would submit that charge-memo dated 13.05.2025 was issued to the petitioner. 6. The charge-memo is beyond six months from the date of order of suspension dated 12.10.2023. In view of the same, the respondents are directed to pass a formal order revoking the order of suspension. The respondents shall proceed further with the charge-memo dated 13.05.2025 and complete the proceedings within nine months from the date of issuing the charge-memo. - 5 - HC-KAR NC: 2025:KHC:21624-DB WP No. 18093 of 2024 7. The interim order granted by this Court on 09.07.2024, shall continue till the order of revoking the suspension is passed. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 27