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2025 DAILYLAW 32707 (KAR)

SRI SAMPATHKUMAR S v. THE STATE OF KARNATAKA

WP/24570/2024 · 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:21622-DB WP No. 24570 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.24570 OF 2024 (S-KSAT) BETWEEN: SRI SAMPATHKUMAR S S/O SEETHAPPA, AGED ABOUT 39 YEARS, WORKING AS SECOND DIVISION ACCOUNT ASSISTANT, BENGALURU RURAL ZILLA PANCHAYATH OFFICE, CEO PERSONAL SECTION BEERASANDRA DEVANAHALLI TALUK RESIDING AT SERICULTURE GARANAGE QUARTERS, NEAR 1ST GRADE DEGREE COLLEGE, SULIBELE VILLAGE, SULIBELE POST, BANGALORE RURAL DISTRICT – 562 129 …PETITIONER (BY SRI. SATISH K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT, AND PANCHAYATH RAJ, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21622-DB WP No. 24570 of 2024 REPRESENTED BY ITS PRINCIPAL SECRETARY, M S BUILDING BANGALORE - 560 001. 2. THE CHIEF EXECUTIV OFFICER BENGALURU RURAL ZILLA PANCHAYATH, BEERASANDRA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. …RESPONDENTS (BY SRI. V. SHIVAREDDY, AGA FOR R1; SRI. POORNACHANDRA B PATTAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.08.2024 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No.906/2024 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION No.906/2024 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:21622-DB WP No. 24570 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, working as Second Division Accounts Assistant is before this Court questioning the order dated 28.08.2024 in Application No.906/2024 wherein the petitioner’s challenge to the order of suspension dated 28.02.2024 is rejected. 2. Heard learned counsel Sri.Sathish.K for the petitioner and the learned AGA, Sri.V.Shiva Reddy for respondent No.1, Shri.Poornachandra. B. Pattar, learned counsel for respondent No.2. 3. The learned counsel Sri.Sathish.K, submits that the petitioner was kept under suspension on 28.02.2024 and even after more than six months the suspension is not revoked. He refers to Rule-10(5)(b) of the Karnataka Civil Services (CCA) Rules 1957, and submits that if the charge memo is not issued within six months, from the date of suspension, the Competent Authority shall revoke the - 4 - HC-KAR NC: 2025:KHC:21622-DB WP No. 24570 of 2024 suspension and if not, it is deemed that suspension is revoked. 4. Learned AGA, Sri.V.Shiva Reddy fairly submits that no charge memo is issued in the present case as on this date. 5. In view of the above submission, respondent No.2 is directed to revoke the order of suspension bearing No BemGraaJiPam/Si.6/SiSiA-07/2023-24, dated 28.02.2024, in terms of Rule-10(5)(b) of Karnataka Civil Services (CCA) Rules, 1957. Time for compliance is four weeks from today. The order dated 28.08.2024 in Application No.906/2024 passed by the Tribunal is modified to the above extent. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE JJ, List No.: 1 Sl No.: 33