- 1 - NC: 2025:KHC:5466 WP No. 25698 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 25698 OF 2024 (S-RES) BETWEEN: SRI PRAKASH N, S/O NARAYANAPPA, AGED ABOUT 44 YEARS, BILL COLLECTOR, (NOW UNDER ORDERS OF SUSPENSION) AVALAGURKI GRAMA PANCHAYATH, CHIKKBALLAPUR TALUK, CHIKKABALLAPUR DISTRICT, RESIDING AT HARIHARAPURA VILLAGE, AVALAGURKI POST, CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI B O ANIL KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATH, RAJ DEPARTMENT, MULTI STORIED BUILDINGS, BENGALURU - 560 001. 2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCYATH , CHIKKABALLAPURA DISTRICT, CHIKKABALLAPUR - 562 101. 3. THE EXECUTIVE OFFICER, TALUK PANCHAYATH, CHIKKABALLAPURA TALUK, CHIKKABALLAPUR DISTRICT - 562 101. 4. THE PRESIDENT, REP. BY PANCHAYATH DEVELOPMENT OFFICER, Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5466 WP No. 25698 of 2024 AVALAGURKI GRAMA PANCHAYATH, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562101. 5. THE PANCHAYATH DEVELOPMENT OFFICER, AVALAGURKI GRAMA PANCHAYATH, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101. …RESPONDENTS (BY SRI M RAJKUMAR, AGA FOR R1, SRI M S DEVARAJU, ADVOCATE FOR R2, R3 & R5, R4 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF IMPUGNED ORDER BEARING NO.AA.GRA.PUM/SIBBANDHI/AMANATTU/CR-01/ 2023-24 DTD 27.11.2023 (ANNEXURE-A) ISSUED BY THE R-4 - PRESIDENT GRAM PANCHAYATH, AFTER PERUSAL TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE SAME AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER 1. Learned advocate for respondents 2, 3 and 5 files statement of objections and also a memo with an order revoking order of suspension. 2. Same are taken on record. - 3 - NC: 2025:KHC:5466 WP No. 25698 of 2024 3. This petition is filed assailing the order dated 27.11.2023 marked at Annexure - A by which the 4th respondent has suspended the petitioner from service. This suspension order is pursuant to an alleged misconduct. 4. Learned counsel for the petitioner submits that disciplinary enquiry was not yet initiated when the writ petition was filed. 5. The learned counsel appearing for respondents 2, 3 and 5 has filed a memo reporting that the enquiry is concluded and the report is sent to the disciplinary authority and the disciplinary authority has to take appropriate action based on the report. He also submits that suspension order has been revoked and memo is filed to that effect. 6. Since the suspension order is revoked, prayer No.1 in the memorandum of writ petition to quash Annexure - A does not survive. 7. Writ of mandamus is also sought against respondents No. 4 and 5 to pay subsistence allowance. - 4 - NC: 2025:KHC:5466 WP No. 25698 of 2024 8. Learned counsel for respondents No.2, 3 and 5 submits that the subsistence allowance was not paid as software did not enable payment of subsistence allowance in respect of employees who were suspended. It is submitted that if the Government makes appropriate provision for payment of subsistence allowance through online mode, same will be paid. 9. Learned Government Advocate would submit that necessary arrangements will be made to allow 5th respondent to pay the admissible subsistence allowance to the petitioner. 10. Hence the following: ORDER (i) Writ Petition is allowed. (ii) Government shall make necessary provision for payment of admissible subsistence allowance through online, to the petitioner within two weeks from the date of receipt of copy of this order. - 5 - NC: 2025:KHC:5466 WP No. 25698 of 2024 (iii) Respondent No.5 shall pay subsistence allowance to the petitioner within a week from the date on which the Government makes necessary provision for payment through online mode. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 32