- 1 - HC-KAR NC: 2025:KHC:22817-DB WP No. 33771 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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.33771 OF 2024 (S-KSAT) BETWEEN: L S THIPPESWAMY S/O LATE SIDDAGANGAPPA, AGED ABOUT 48 YEARS, WORKING AS ASSISTANT JAILOR, CENTRAL PRISON, BENGALURU R/O NO.4/1, BHOOMIPRIYA, 5TH CROSS, GOWRAMMA LAYOUT, NAGANATHAPURA, BENGALURU – 560 100, …PETITIONER (BY SRI. S.B.HALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA, DR B.R.AMBEDKAR VEEDHI, BENGALURU-01, REPT BY ADDL CHIEF SECRETARY 2. THE DIRECTOR GENERAL, PRISON AND REFORMS SERVICE DEPARTMENT GOVERNMENT OF KARNATAKA, SHESHADRI ROAD, BENGALURU – 560 009 Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22817-DB WP No. 33771 of 2024 3. THE ADDITIONAL INSPECTOR GENERAL OF PRISONS, OFFICE OF D.G. PRISON AND REFORMS SERVICE DEPARTMENT, BENGALURU – 560 009, 4. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU – 560 100 …RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA) THIS WP IS FILED UNDER ARTICLES 226 7 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION IN THE NATURE OF WRIT; a) QUASH THE IMPUGNED ORDER PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO.4389/2024 DATED 28/10/2024 PRODUCED VIDE ANNEXURE-A TO THE WRIT PETITION AND; b) QUASH THE IMPUGNED SUSPENSION ORDER BEARING NO.VICHARANE/SI R-70/2024-25 DATED 26/08/2024 PASSED BY THE RESPONDENT NO.2, VIDE ANNEXURE-C-1 TO THIS WRIT PETITION, AND PASS ANY OTHER RELIEF/S BY ALLOWING THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION 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 - 3 - HC-KAR NC: 2025:KHC:22817-DB WP No. 33771 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner is before this Court aggrieved by the order dated 28.10.2024, in Application No.4389/2024, passed by the Karnataka State Administrative Tribunal, Bengaluru (for short ‘the Tribunal’) rejecting his challenge to the order of suspension dated 26.08.2024 (Annexure- C1). 2. Heard learned counsel Sri.S.B.Halli, for the petitioner and learned AGA, Sri.B.Ravindranatha for the respondents. Perused the entire writ petition papers. 3. At the outset, the learned AGA would submit that during the pendency of the writ petition by an order dated 18.03.2025 of the respondent no.2, suspension of the petitioner is revoked and his services are continued at the place where his lien was transferred i.e., Koppal on his suspension. - 4 - HC-KAR NC: 2025:KHC:22817-DB WP No. 33771 of 2024 4. The learned counsel for the petitioner would not dispute the revocation of the suspension, however he would submit that on revocation, the respondent No.2 could not have directed the petitioner to report to duty at Koppal and he further submits that respondent no.2 ought to have permitted the petitioner to report to duty at the place where he was suspended. In that regard, he places reliance on the decision of the High Court of Chhattisgarh in Writ Petition No.1364/2023, disposed off on 17.02.2023. 5. The petitioner was kept under suspension by an order dated 26.08.2024, of the respondent No.2. Subsequently, by an office order dated 31.08.2024 (Annexure-A2) the lien of petitioner was transferred from Central Jail, Bengaluru to Central Jail, Koppal. While revoking the suspension, the services of the petitioner is continued at Koppal where his lien was transferred on suspension. The second respondent has taken a decision to revoke the suspension of the petitioner and to continue - 5 - HC-KAR NC: 2025:KHC:22817-DB WP No. 33771 of 2024 him in service. The petitioner was suspended while he was working at Central Prison at Bengaluru and he was transferred on the allegation that he was providing facilities to a particular prisoner. Instead of continuing the petitioner under suspension and paying subsistence allowance, the respondent-State has taken a decision to reinstate the petitioner and to post him to a different place, so as to keep him out of mischief zone. The Government instead of keeping a person under suspension, took a decision to transfer the person to a different place so that the suspended employee would not be in a position to tamper the evidence or witness which is the main purpose of suspension. 6. The decision relied on by the learned counsel for the petitioner was passed under the Rules relating to the civil services of the State of Chhattisgarh. The facts in the aforesaid case are different from the facts of the present case. The decision would no way assist the petitioner, that too when the suspension of the petitioner - 6 - HC-KAR NC: 2025:KHC:22817-DB WP No. 33771 of 2024 is revoked, pending departmental enquiry. With the above observations, the writ petition stand disposed off. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 39