- 1 - HC-KAR NC: 2025:KHC:39678-DB WP No. 23118 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.23118 OF 2024 (S-KSAT) BETWEEN: DR. ROBERT REBELLO S/O JEROME REBELLO, AGED ABOUT 57 YEARS, WORKING AS ADMINISTRATIVE MEDICAL OFFICER/SENIOR SURGEON, GOVERNMENT TALUK/SUB-DIVISION HOSPITAL, KUNDAPURA TALUK, UDUPI DISTRICT - 576 201. …PETITIONER (BY SRI. PRITHVEESH M K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, BENGALURU - 560 001. Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39678-DB WP No. 23118 of 2024 2. THE COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICE, AROGYA SOUDHA, 5TH FLOOR, MAGADI ROAD, BENGALURU - 560 023. …RESPONDENTS (BY SRI. V. SHIVA REDDY., AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE IMPUGNED ORDER DATED 22/07/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.2043/2024 BY ALLOWING THE APPLICATION NO.2043/2024 ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL (ANNEXURE-A); ii) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER AS ADMINISTRATIVE MEDICAL OFFICER/SENIOR SURGEON, GOVERNMENT TALUK OFFICER KUNDAPURA TALUK, UDUPI DISTRICT, AND iii) GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT MAY BE PLEASED TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE COSTS. THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:39678-DB WP No. 23118 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The petitioner, who is working as Administrative Medical Officer/Administrative Surgeon, is kept under suspension pending enquiry and he has unsuccessfully called such decision in his Application No.2043/2024 with the Karnataka State Administrative Tribunal [for short, 'the Tribunal']. The Tribunal has rejected the petitioner's application by order dated 22.07.2024. Sri V Shiva Reddy, the learned Additional Government Advocate, submits that the petition is rendered infructuous because as requested by the petitioner he is posted in Kumta and he has assumed office on 23.04.2025 subject to pending enquiry. Sri Prithveesh M.K., the learned counsel for the petitioner, submits that the petition could be disposed of as having become infructuous in the light of this turn of events, but this Court must expunge - 4 - HC-KAR NC: 2025:KHC:39678-DB WP No. 23118 of 2024 certain observations by the Tribunal in the course of the order. Mr. Prithveesh M K submits that an opinion by a learned counsel when there are stigmatic allegations cannot be construed in isolation and must be examined in the context, and the learned counsel emphasizes that his submissions, even if any, before the Tribunal, were general and not to impede the petitioner in any proceeding. This Court indeed opines that this should be so and a general statement by a learned counsel, which is apart from the merits of a particular case, cannot be of any consequence. While so observing the petition stands disposed of because it is rendered infructuous. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE NV List No.: 1 Sl No.: 52