- 1 - HC-KAR NC: 2025:KHC-D:9816-DB WP No. 105530 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 105530 OF 2025 BETWEEN: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M. S. BUILDING, BENGALURU-560001. 2. THE COMMISSIONER OF EDUCATION, DEPARTMENT OF SCHOOL EDUCATION, KCD COLLEGE ROAD, DHARWAD-580001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION, HAVERI, TQ. & DIST. HAVERI-581110. …PETITIONERS (BY SRI. V. S. KALASURMATH, AGA) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9816-DB WP No. 105530 of 2025 AND: SRI. MALLIKARJUN BASAPPA SHANTAGERI S/O. BASAPPA, AGED ABOUT 48 YEARS, OCC: ASSISTANT TEACHER GRADE-II, I/C. HEAD MASTER, GOVT. MAJID HIGH SCHOOL, (KPS), SAVANUR-581118. R/O. VINAYAK NAGAR, B-BLOCK, S.P. RESIDENCE ROAD, HAVERI, TQ. & DIST. HAVERI-581110. …RESPONDENT (BY SRI. SUNIL S. DESAI, ADV. FOR SRI. V. M. BANAKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 03.04.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10204/2025 (ANNEXURE-C TO THE WRIT PETITION) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:9816-DB WP No. 105530 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition has been filed calling in question the correctness of the order of the Karnataka State Administrative Tribunal (‘Tribunal’, for short) in Application No.10204/2025. 2. The State has assailed the order of the Tribunal whereby the Tribunal has set aside the order at Annexure-A8 dated 16.01.2025 whereby the employee who was the applicant before the Tribunal was suspended. The State has contended that while the order of suspension having been set aside, no observation is made regarding power of the State to take up the enquiry proceedings. It must be noticed that what was in challenge before the Tribunal was only the order of suspension. The power to initiate enquiry being a separate power conferred upon the employer, has no nexus with the order of suspension as such. Mere setting aside the order of suspension will not come in the way of the State in taking - 4 - HC-KAR NC: 2025:KHC-D:9816-DB WP No. 105530 of 2025 appropriate proceedings for enquiry if circumstances are so made out. In light of the same, grievance of the State as made out at the time of the admission of this matter stands addressed. It is needless to clarify that the observations made by the Tribunal would not come in the way or be construed to be binding observation insofar enquiry proceedings if the same are initiated. All contentions are kept open. Accordingly, petition is disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 20