- 1 - HC-KAR NC: 2025:KHC:35528 WP No. 8234 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8234 OF 2025 (S-RES) BETWEEN: SURESH K S/O SOMASHEKARAPPA AGED ABOUT 58 YEARS R/AT NO 6 BHAGYAMMA LAYOUT 3RD STAGE, DATTAGHALLI MYSORE 570 022 &PETITIONER (BY SRI. SRINIVAS V.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT M.S. BUILDING BANGALORE-560 001. 2. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION VV TOWER 9TH FLOOR, DR. AMBEDKAR VEEDI BANGALORE-560001. 3. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE-570 001. 4. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL OFFICE OF DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE-570 001. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35528 WP No. 8234 of 2025 5. THE CHIEF OFFICER H.D. KOTE, TOWN MUNICIPAL COUNSEL H.D. KOTE-571 125 &RESPONDENTS (BY SRI.SIDHARTH BABU RAO., AGA FOR R1 TO R4: SERVICE OF NOTICE TO R5 IS DISPENSED WITH V/O DATED: 20.03.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SUSPENSION ORDER DATED: 06.09.2024 BEARING ORDER NO.12.MUNISI (1)SIBBANDI/C.R-2024 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-A TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the suspension order dated 06.09.2024 passed by the third respondent. 2. The petitioner was working as a Junior Engineer in the fifth respondent Town Municipal Council. While he was working, pending departmental enquiry, he has been kept under suspension by the impugned order vide Annexure-A. 3. The grievance of the petitioner is that, the Deputy Commissioner is the incompetent authority to pass an order of suspension, the Director, the second - 3 - HC-KAR NC: 2025:KHC:35528 WP No. 8234 of 2025 respondent herein is the competent authority under the Rules. Hence, he sought for allowing the writ petition. 4. The learned AGA appearing for the respondents has no disputed that the Deputy Commissioner is the incompetent authority, it is the first respondent 3 Director, who has to pass an order of suspension. 5. On this ground alone, the writ petition requires to be allowed. 6. Accordingly, the following order is passed. (i) The writ petition is allowed. (ii) The order dated 06.09.2024 vide Annexure-A, passed by the third respondent is quashed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 66