- 1 - NC: 2025:KHC-D:2581 WP No. 101161 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.101161 OF 2024 (S-RES) BETWEEN: KHAJA HUSSAIN KHAJI S/O. MOHAMMAD MOOSA KHAJI, AGE: 56 YEARS, OCC: JUNIOR ENGINEER, R/O: ARVIND NAGAR, WARD NO. 20, TQ: HOSAPETE, DIST: VIJAYANAGARA – 583 201. …PETITIONER (BY SRI SABEEL AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY HIS SECRETARY AND UNDER SECRETARY, URBAN DEVELOMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, D.C OFFICE, AMARAVATHI I B., COLLEGE ROAD, HOSAPETE, TQ: HOSAPETE, DIST: VIJAYANGARA – 583 201. 3. THE PROJECTI DIRECTOR, DISTRICT URBAN DEVELOPMENT CELL, HOSAPETE, DIST: VIJAYANAGARA – 583 201. 4. THE COMMISSIONER, CITY MUNICIPALITY COUNCIL, HOSAPETE, TQ: HOSAPETE, DIST: VIJAYANAGARA – 583 201. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R3; SRI SHIVARAJ BALLOLI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER BEARING NO. £ÀCE 04 rJAPÉ 2024 ¨ÉAUÀ¼ÀÆgÀÄ DATED Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2581 WP No. 101161 of 2024 08-01-2024 PASSED BY THE RESPONDENT NO.1 AS PER ANNEXURE-E, INSOFAR AS IT RELATES TO PETITIONERS. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking for the following prayer: i. Issue writ of Certiorari or any other order or direction quashing the impugned order bearing No. £ÀCE 04 rJAPÉ 2024 ¨ÉAUÀ¼ÀÆgÀÄ dated 08-01-2024 passed by the respondent no.1 as per Annexure-E, insofar as it relates to petitioners. ii. Issue any other appropriate Writ or order direction which deems fit to grant by this Hon’ble Court in the facts and circumstances of the case. 2. The petitioner owing to certain omissions and commissions of non-checking of contaminated water had been placed under suspension pursuant to a newspaper report on 08.01.2024. The Co-ordinate Bench of this Court in terms of its order dated 21.03.2024 stayed the order of suspension. The order reads as follows: “Learned High Court Government Pleader seeks a short accommodation to file statement of objections. Considering the fact that the petitioner, who was working as a Junior Engineer, has submitted a report on - 3 - NC: 2025:KHC-D:2581 WP No. 101161 of 2024 11.12.2023 that chlorine available is sufficient for a week and the Chief Officer (Grade-I) and the Assistant Executive Engineer have not taken any steps to get adequate supply of chlorine, the order of suspension of the petitioner vide Annexure-E is stayed. Counsel for respondent No.4 files a memo with documents containing the report by the District Surveillance Officer, vijayanagar.” Therefore, the petitioner has now continued to function in the original place where he was working prior to the passage of the order of suspension. 3. The grievance of the petitioner is that, despite thirteen months of placing of the petitioner under suspension, there is no review of the said order. 4. Learned counsel Shri Shivaraj Balloli representing respondent No.4 would submit that a direction be given to conclude the disciplinary proceedings within a time frame as the petitioner has been reinstated pursuant to the interim order and he is working in the said post as he was working prior to the passage of the order of suspension. - 4 - NC: 2025:KHC-D:2581 WP No. 101161 of 2024 5. The said submission is not opposed by the learned counsel appearing for the petitioner. 6. In the light of the submissions in unison, I deem it appropriate to dispose the petition with a direction to concerned respondent to conclude the departmental enquiry within three months from the date of the receipt of a copy of this order, if not earlier. 7. In the light of the interim order operating and the petitioner continuing in the place that he was working prior to the passage of the order of suspension, the same shall continue however would subject to the result of the departmental enquiry. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 108