- 1 - HC-KAR NC: 2025:KHC:34210-DB WP No. 25658 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 25658 OF 2025 (S-KSAT) BETWEEN: SMT. SHABANA PARVEEN W/O KALEEMULLA SHARIEF AGED ABOUT 48 YEAWRS EX MANAGER OFFICE OF THE JOINT DIRECTOR OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, CHITHRADURGA CHITHRADURGA R/AT BANK COLONY, WALMI BEEDI KASAB MARIYAM HOUSE, CHITRADURGA. …PETITIONER (BY SRI. AJAY PRABHU M., ADV.) AND: 1. THE REGIONAL COMMISSIONER BANGALORE DIVISION REVENUE DEPARTMENT 2ND FLOOR, C BLOCK BMTC BUILDING, SHANTHI NAGAR K H ROAD, BANGALORE-560 027. 2. THE TAHSILDAR TAHSILDAR OFFICE CHITHRADURGA TALUK CHITHRADURGA. …RESPONDENTS (BY SRI.V SHIVAREDDY, AGA FOR R1 & R2) THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER TO QUASH THE Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34210-DB WP No. 25658 of 2025 IMPUGNED ORDER DATED 06.08.2025 IN APPLICATION NO. 1444 OF 2025 ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU AS PER ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION NO. 1444 OF 2025 AND ETC. 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 K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, Manager belonging to Food, Civil Supplies and Consumer Affairs Department is before this Court aggrieved by order dated 06.08.2025 in Application No.1444/2025 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, 'the Tribunal') rejecting his challenge to the order of suspension dated 19.04.2025 (Annexure-A4). 2. Heard learned counsel Sri.Ajay Prabhu.M., for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 and 2. Perused the entire writ petition papers. - 3 - HC-KAR NC: 2025:KHC:34210-DB WP No. 25658 of 2025 3. Learned counsel for the petitioner would submit that the petitioner who is working as Manager in the Food, Civil Supplies and Consumer Affairs Department was kept under suspension by order dated 19.04.2025 (Annexure-A4) on the allegation of misconduct which related to the petitioner working at the office of the Joint Director of Food, Civil Supplies and Consumer Affairs Department, Chitradurga District. It is the contention of the petitioner that the petitioner under O.M., dated 14.06.2025 (Annexure-E) is posted as Food Sheristedar, Chitradurga Taluk, Taluk Office. Therefore, it is submitted that the purpose of keeping the petitioner under suspension is achieved by transferring the petitioner to another office. Learned counsel Sri.Ajay Prabhu.M., would submit that the purpose of keeping a Government servant is to see that the said Government servant shall not tamper with the witnesses and evidence. When the petitioner is transferred to another office, the question of tampering the witnesses or evidence would not arise. - 4 - HC-KAR NC: 2025:KHC:34210-DB WP No. 25658 of 2025 Therefore on the said ground, learned counsel prays for quashing the order of suspension. 4. Learned Additional Government Advocate Sri.V.Shivareddy would not dispute the posting of petitioner to a different office i.e., to the Taluk Office, Chitradurga District as Food Sheristedar. However, he submits that since articles of charge is not issued, it would be expedient for the Government to transfer the petitioner. Thus, he prays for dismissal of the writ petition. 5. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that it is a case for issuing direction to respondents to revoke order of suspension of the petitioner, in view of posting the petitioner to a different office. 6. A perusal of the impugned order of suspension dated 19.04.2025, it is seen that the allegation on which the petitioner is kept under suspension relates to her - 5 - HC-KAR NC: 2025:KHC:34210-DB WP No. 25658 of 2025 working as Manager in the office of the Joint Director, Food, Civil Supplies and Consumer Affairs Department, Chitradruga District, whereas the petitioner under O.M., dated 14.06.2025 (Annexure-E) posted as Food Sheristedar, Chitradurga Taluk Office, Food, Civil Supplies and Consumer Affairs Department, Chitradurga District. The purpose of keeping a Government servant under suspension is to see that the said Government servant shall not tamper with the material or evidence or influence the witnesses. Since the petitioner is posted to a different office, question of tampering the evidence or material would not arise. It is expedient for the Government to reinstate and extract work from the petitioner instead of paying subsistence allowance of 50% of salary without getting work from the petitioner. 7. The Tribunal on consideration of the entire material has rightly rejected the petitioner’s application and we do not find any error in the order passed by the Tribunal. However, taking note of the fact that the - 6 - HC-KAR NC: 2025:KHC:34210-DB WP No. 25658 of 2025 petitioner is transferred to a different office, we direct The respondent No.1 to revoke the order of suspension and continue the petitioner as Manager at the Taluk Office, Chitradurga in terms of O.M., dated 14.06.2025 (Annexure-E) within a period of four weeks from today. 8. With the above observations, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 7