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2025 DAILYLAW 32733 (KAR)

SMT ANASUYA C v. THE STATE OF KARNATAKA

WP/24566/2024 · 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:21621-DB WP No. 24566 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.24566 OF 2024 (S-KSAT) BETWEEN: SMT ANASUYA C W/O DEVARAJ V AGED ABOUT 42 YEARS, WORKING AS GRADE-I SECRETARY, SAMETHANAHALLI GRAMA PANCHAYATH, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 560 067 RESIDING AT NO.106, MYSORE LAMPS LAYOUT, DODDABIDARAKALLU WARD, NAGASANDRA POST, BENGALURU URBAN DISTRICT - 560 073 …PETITIONER (BY SRI. SATISH K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BANGALORE - 560 001 2. THE CHIEF EXECUTIVE OFFICER BENGALURU RURAL Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21621-DB WP No. 24566 of 2024 ZILLA PANCHAYATH, BEERASANDRA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110 …RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA FOR R1; SRI. POORNACHANDRA B PATTAR, ADVOCATE FOR R2) THIS WP 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.905/2024 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION No.905/2024 AS SOUGHT FOR BY THE PETITIONER BEFORE THE HON’BLE TRIBUNAL (ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY, ETC 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 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, working as a Secretary, Grade-I, is before this Court questioning the order dated 28.08.2024, in Application No.905/2024, wherein the petitioner’s challenge to the order of suspension dated 28.02.2024 is rejected. - 3 - HC-KAR NC: 2025:KHC:21621-DB WP No. 24566 of 2024 2. Heard the learned counsel Sri.Sathish.K, for the petitioner and learned AGA, Sri.B.Ravindranath for respondent No.1 and Sri.Poornachandra.B Pattar, learned counsel for respondent No.2. Perused the entire writ petition papers. 3. The learned counsel Sri.Sathish, 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 suspension and if not, it is deemed that suspension is revoked. 4. Learned AGA, Sri.B.Ravindranath fairly submits that no charge-memo is issued in the present case as on this date. - 4 - HC-KAR NC: 2025:KHC:21621-DB WP No. 24566 of 2024 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 28.08.2024 in terms of Rule-10(5)(b) of Karnataka Civil Services (CCA) Rules 1957. Time for compliance is four weeks from today. The order of the Tribunal dated 28.08.2024 in Application No.905/2024 is modified to the above extent. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 32