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2025 DAILYLAW 37508 (KAR)

MANJUNATH S/O GURUSHANTAYYA HIREMATH v. THE STATE OF KARNATAKA

WP/108925/2025 · 2025-12-01

Geetha K B, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16805-DB WP No. 108925 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 108925 OF 2025 (S-KAT) BETWEEN: MANJUNATH S/O. GURUSHANTAYYA HIREMATH, AGE: 43 YEARS, OCC: NIL, R/O. # 103, GURUKRUPA NILAYA APARTMENT, BACKSIDE MORE SHOPPING MAUL, ANJANEYA NAGAR, BELAGAVI-590016. …PETITIONER (BY SRI S.A.SANDUR AND SRI PRASHANT MATHAPATI, ADVOCATES.) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS HOME SECRETARY, M.S. BUILDING, 6TH FLOOR, BENGALURU-560 001. 2. THE COMMISSIONER OF POLICE, CITY BELAGAVI, SUBHASH NAGAR, BELAGAVI-590001. …RESPONDENTS (BY SRI G.K.HIREGOUDAR, PRINCIPAL GOVERNMENT ADVOCATE) Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.04 11:03:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16805-DB WP No. 108925 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 READ WITH ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 07.07.2025, PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI, IN APPLICATION NO.10564/2025 PRODUCED AT ANNEXURE-C BY ALLOWING THE PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Petitioner, a Police Inspector of respondent No.2 is before this Court under Article 226 of the Constitution of India, questioning the order dated 07.07.2025, in Application No.10564/2025, passed by the Karnataka State Administrative Tribunal, Belagavi (for short, ‘the Tribunal’), rejecting the petitioner’s challenge to order of suspension dated 15.05.2025 (Annexure-A1). 2. Heard learned counsel Sri S.A.Sandur, for the petitioner and learned Principal Government Advocate - 3 - HC-KAR NC: 2025:KHC-D:16805-DB WP No. 108925 of 2025 Sri G.K.Hiregoudar, for the respondents and perused the entire writ petition papers. 3. The petitioner was before the Tribunal questioning the order of suspension dated 15.05.2025, passed by the respondent authority in exercise of its power under Karnataka State Police Service (Disciplinary Proceedings) Rules, 1965 (for short, ‘the 1965 Rules’). The Tribunal, by impugned order, rejected the said challenge, against which the petitioner is before this Court. 4. Learned counsel for the petitioner would urge several grounds including the ground that it is a prolonged suspension and the respondents could not have continued to keep the petitioner under suspension for a long period that too when the charge memo, dated 18.06.2025, against the petitioner is already issued. However, learned counsel placed reliance on a Co-ordinate Bench decision of this Court in W.P. No.33395/2025 disposed of on 11.11.2025 [Sri. Srinivas T.R., Vs. The State of Karnataka & Others] to contend that this Court, in the said writ petition, has directed to constitute a - 4 - HC-KAR NC: 2025:KHC-D:16805-DB WP No. 108925 of 2025 Review Committee as specified by the Circular dated 28.06.2024 under Rule 5(6) of the 1965 Rules, and has further directed the Additional Chief Secretary, Department of Home, Government of Karnataka, to consider the recommendations of the Review Committee and to take a decision in the matter. 5. Learned Principal Government Advocate would submit that appropriate orders be passed in the light of the above decision of the Co-ordinate Bench. 6. It is not in dispute that the petitioner was kept under suspension in terms of order at Annexure-A1, dated 15.05.2025. Admittedly, the charge memo is also issued against the petitioner on 18.06.2025. In the light of the above, it is for the Department to take a decision as to whether to continue to keep the petitioner under suspension during the pendency of the enquiry or not. In that regard, the Co-ordinate bench in the above stated writ petition has passed the following Order: - 5 - HC-KAR NC: 2025:KHC-D:16805-DB WP No. 108925 of 2025 “[i] The petition stands disposed of directing the second respondent to constitute a Review Committee as specified by the Circular dated 28.06.2024 within seven [7] days from today observing that such Committee shall place its recommendations with the Additional Chief Secretary, Department of Home, Government of Karnataka within the next seven [7] days. [ii] The Additional Chief Secretary, Department of Home, Government of Karnataka shall communicate its orders within a week from the date of receipt of the recommendation.” 7. Respectfully following the above decision of the Co-ordinate Bench, the present writ petition also requires to be disposed of in terms of order dated 11.11.2025 passed in W.P. No.33395/2025. Apart from the above, in terms of Rule 5(6) of the 1965 Rules, where a Police Officer is continued to be under suspension for more than six months, the case shall be reported to the Government for such orders as it may deem fit. 8. In the light of the above the following: - 6 - HC-KAR NC: 2025:KHC-D:16805-DB WP No. 108925 of 2025 ORDER i) The second respondent shall refer the matter of the petitioner to the Government for continuation of suspension of the petitioner or otherwise to the competent authority/Government within a period of ten days from today, and the competent authority/Government shall take a decision thereafter within another 15 days. ii) With the above writ petition stands disposed of. Pending interlocutory applications, if any, stand disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE MRK/KMS CT-MCK List No.: 1 Sl No.: 35