- 1 - HC-KAR NC: 2025:KHC:47940-DB WA No. 382 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 382 OF 2025 (S-RES) BETWEEN: SUMATHI VIDYA SAMSTHE B.H.ROAD, TIPTUR - 577 201. TUMAKURU DISTRICT, REPRESENTED BY ITS SECRETARY. …APPELLANT (BY SRI. VINAYA KEERTHY., ADVOCATE) AND: 1. B.S.KESHAVAKUMAR AGED ABOUT 46 YEARS, S/O SHADAKSHARAPPA, RAMACHANDRAPURA POST, BANNIHALLI, TIPTUR - 577 201. TUMAKURU DISTRICT. 2. STATE OF KARNATAKA REPTD BY ITS SECRETARY, DEPT. OF PRIMARY & SECONDARY EDUCATION, M.S.BUILDING, BENGALURU-560 001. 3. COMMISSIONER DEPT. OF PUBLIC INSTRUCTION, NRUPATHUNGA ROAD, BENGALURU - 560 001. - 2 - HC-KAR NC: 2025:KHC:47940-DB WA No. 382 of 2025 4. DEPUTY DIRECTOR, DEPT. OF PUBLIC INSTRUCTION, TUMAKURU - 572 201. …RESPONDENTS (BY SRI. S.H.RAGHAVENDRA., AGA FOR R2, R3 & R4; SRI. G.M.CHANDRASHEKAR., ADVOCATE FOR C/R1) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 14.02.2025 PASSED BY THE LEARNED SINGLE JUDGE THIS HON'BLE COURT IN WP No. 235/2017 (S-RES) AND DISMISS THE IA-1/2024 FILED BY THE FIRST RESPONDENT AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed impugning the order on I.A.No.1/2024 dated 14.02.2025 passed by the learned Single Judge in W.P.No.235/2017 instituted by respondent No.1. 2. The parties are referred to as per their ranking in the writ petition for the sake of convenience. - 3 - HC-KAR NC: 2025:KHC:47940-DB WA No. 382 of 2025 3. The petitioner faced with departmental enquiry and he was placed under suspension on 03.05.2010. Till date, no final order on the departmental enquiry has been passed against the petitioner. Undoubtedly, the Government has not accepted the resolution of the Managing Committee who dismissed the petitioner from his service subject to the approval of the Government. 4. The appellant/respondent No.1 is a Government Aided college. The petitioner has not been paid subsistence allowance from the date of his suspension till he approached this Court, by filing a writ petition. The learned Single Judge having considered the relevant provisions of the Karnataka Education Act, 1983, and rules made therein, directed the appellant/respondent No.4 to consider the request of the petitioner for payment of subsistence allowance and pay the subsistence allowance till the final order is passed by the Government on the resolution submitted by the Management Committee of the Institution proposing to dismiss the petitioner from - 4 - HC-KAR NC: 2025:KHC:47940-DB WA No. 382 of 2025 service. We do not find that such a direction requires an interference by this Court. Therefore, we dismiss this writ appeal. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 4 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA