Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30542 WP No. 2247 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2247 OF 2025 (S-RES) BETWEEN:
MS SUJATHA R D/O LATE RAMAIAH K T AGED ABOUT 55 YEARS WORKING AS ASSISTANT REVENUE OFFICER KEMPEGOWDA NAGARA SUB DIVISION JAYANAGAR 2ND BLOCK SOUTH END CIRCLE BENGALURU 560011 (PRESENTLY UNDER SUSPENSION) RESIDING AT NO. 10/4 SHABARI NILAYA BIMANNA GARDEN SWATHI ROAD CROSS BENGALURU 560027 …PETITIONER (BY SRI. JAYANTH DEV KUMAR., ADVOCATE) AND:
1.
STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, DR AMBEDKAR VEEDHI BENGALURU 560001.
2.
BENGALURU MAHANAGARA PALIKE REP BY THE CHIEF COMMISSIONER HEAD OFFICE, N R SQUARE BENGALURU 560002.
3.
CHIEF COMMISSIONER BENGALURU MAHANAGARA PALIKE
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:30542 WP No. 2247 of 2025
HEAD OFFICE, N R SQUARE BENGALURU 560002.
4.
ZONAL COMMISSIONER (SOUTH) BENGALURU MAHANAGARA PALIKE OFFICE OF THE JOINT COMMISSIONER (SOUTH) 2ND FLOOR MAHANAGARA PALIKE VANIJYA SANKEERANA BUILDING 9TH MAIN ROAD 2ND BLOCK JAYANAGARA BENGALURU 560011. …RESPONDENTS (BY SRI.VIKAS R, AGA FOR R1:
SRI M A SUBRAMANI, ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE OFFICE ORDER BEARING NO. B12(1B) /PR/40/2023-24 DATED: 15.11.2023 (UNDER ANNEXURE-J) ISSUED BY THE R-3 AND OFFICE ORDER BEARING NO. JAAA(DA)EST/PR/3676/2024-25 DATED:
11.01.2025 (UNDER ANNEXURE-E) ISSUED BY THE R-4 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ 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 order dated 11.01.2025 (Annexure-E) passed by the fourth respondent, keeping the petitioner under suspension.
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HC-KAR NC: 2025:KHC:30542 WP No. 2247 of 2025
2. The petitioner was working in the cadre of Assistant Revenue Officer in the BBMP, Bengaluru. By the impugned order, dated 11.01.2025, she has been kept under suspension. As per Rule 10(5)(b) of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short, ‘CCA Rules’), if the enquiry is not commenced against the delinquent government servant within a period of six months from the date of suspension, the suspension shall be taken to have been revoked.
3. In the case on hand, the suspension order was passed on 11.01.2025. Till today, the departmental enquiry has not commenced. In view of the provisions of Rule 10(5)(b) of the CCA Rules, the suspension order needs to be quashed.
4. Accordingly, the following order is passed: (i) The writ petition is allowed in part.
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HC-KAR NC: 2025:KHC:30542 WP No. 2247 of 2025
(ii) The impugned
order dated 11.01.2025 (Annexure-E) passed by the fourth respondent is quashed. (iii) In respect of other reliefs are concerned, the same are kept open. (iv) In view of disposal of the petition, all pending applications stand disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM LIST NO.: 1 SL NO.: 46