- 1 - HC-KAR NC: 2025:KHC:27977 WP No. 119 of 2025 C/W WP No. 35374 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 119 OF 2025 (S-RES) C/W WRIT PETITION NO. 35374 OF 2024 (S-RES) IN WP NO. 119/2025 BETWEEN: SRI H A KUMAR S/O. LATE ALLKATTAIAH AGED ABOUT 53 YEARS PRESENTLY WORKING AS A CHIEF OFFICER TOWN MUNICIPAL COUNCIL CHIKKABANAWARA BENGALURU-560090. (NOW UNDER SUSPENSION) R/AT NO.24, BEHIND 12TH 'A' CROSS DEFENSE COLONY, BAGALKUNTE BENGALURU-560 073. …PETITIONER (BY SRI. R.SUBRAMANYA, ADVOCATE FOR SRI. NARASIMHARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU-560 001. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27977 WP No. 119 of 2025 C/W WP No. 35374 of 2024 2. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION V.V. TOWER, 9TH FLOOR DR. AMBEDKAR VEEDHI BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K.G. ROAD, BENGALURU-560 009. …RESPONDENTS (BY SRI.BHOJEGOUDA T KOLLER., AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF SUSPENSION DATED: 03.01.2025 BEARING NO. 1637120/DMA/ENQ2/BNG1/01/2025 PASSED BY THE R-2 AS PER ANNEXURE-A AND ETC. IN WP NO. 35374/2024 BETWEEN: SRI H A KUMAR S/O. LATE ALLKATTAIAH AGED ABOUT 53 YEARS PRESENTLY WORKING AS A CHIEF OFFICER TOWN MUNICIPAL COUNCIL CHIKKABANAWARA, BENGALURU-560090. R/AT NO.24, BEHIND 12TH 'A' CROSS DEFENCE COLONY, BAGALKUNTE BENGALURU-560 073. ...PETITIONER (BY SRI.R.SUBRAMANYA, ADVOCATE FOR SRI NARASIMHARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT - 3 - HC-KAR NC: 2025:KHC:27977 WP No. 119 of 2025 C/W WP No. 35374 of 2024 VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE STATE OF KARNATAKA, REP. BY ITS UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU-560 001. 3. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION V.V. TOWER, 9TH FLOOR BENGALURU-560 001. 4. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K.G. ROAD, BENGALURU-560 009. 5. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL BENGALURU URBAN DISTRICT KANDAYA BHAVAN, K.G. ROAD BENGALURU-560 009. ...RESPONDENTS (BY SRI.BHOJEGOUDA T KOLLER, AGA FOR R1 TO R4: R5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ARTICLES OF CHARGES 1 TO 4 DATED: 18.12.2024 BEARING NO. JINAKO/SIBBANDI/CR01/2021-2022 PASSED BY THE R-4 AS PER ANNEXURE-A AND ETC. THESE PETITIONS, 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 - 4 - HC-KAR NC: 2025:KHC:27977 WP No. 119 of 2025 C/W WP No. 35374 of 2024 ORAL ORDER These writ petitions are filed under Articles 226 & 227 of the Constitution of India. W.P.No.119/2025 is filed challenging the suspension order dated 03.01.2025 passed by the second respondent vide Annexure-A and W.P.No.35374/2024 is filed challenging the articles of charges dated 18.12.2024 vide Annexure-A issued by the respondent. 2. This Court, on 08.01.2025, after hearing the parties passed the following order: “Learned Additional Government Advocate accepts notice for respondents. Heard learned counsel Sri.Subramanya for Sri.Narasimharaju, learned counsel for the petitioner as well as learned Additional Government Advocate Sri.V.Shivareddy for respondents. Learned counsel for the petitioner would submit that the petitioner is before this Court, questioning the order of suspension dated 03.01.2025 (Annexure- A) whereunder, the second respondent-Director in exercise of his power under Rule 10(1)(d) of Karnataka Civil Service (Classification, Control and - 5 - HC-KAR NC: 2025:KHC:27977 WP No. 119 of 2025 C/W WP No. 35374 of 2024 Appeals) Rules, 1957 (for short “1957 Rules”) has kept the petitioner under suspension pending departmental enquiry. Further learned counsel would submit that Articles of Charge dated 18.12.2024 issued against the petitioner is the subject matter of W.P.No.35374/ 2023 and this Court, by order dated 30.12.2024 stayed the Articles of Charge, till the next date of hearing. It is submitted that with a malafide intention and to see that the petitioner is kept out of office of Chief Officer, Town Municipal Council, Chikkabanavara, the second respondent has passed the present impugned order of suspension. Further, learned counsel would submit that, suspension of the petitioner is on the same allegations, which is the subject matter of Articles of Charge which is stayed by this Court as stated above. Learned counsel would submit that when the Articles of Charge on the same allegation is stayed, the second respondent could not have passed an order keeping the petitioner under suspension on the same allegations. Thus, he prays for stay of order of suspension dated 03.01.2025 (Annexure-A) On the other hand, learned Additional Government Advocate Sri.V.Shivareddy opposes the interim prayer of the petitioner. He submits that Articles of charge relate to the same Municipality, in which the petitioner is working and relates to the year 2021-22. It is submitted that the petitioner is kept - 6 - HC-KAR NC: 2025:KHC:27977 WP No. 119 of 2025 C/W WP No. 35374 of 2024 under suspension to keep him out of the mischief zone. Hence, learned Additional Government Advocate would pray for rejecting the interim prayer of the petitioner. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, I am of the view that the petitioner would be entitled for stay of order of suspension dated 03.01.2025 (Annexure-A), but he would not be entitled to continue as Chief Officer, Town Municipal Council, Chikkabanavara, since the allegation on which, Articles of Charge as well as suspension relate to the same Municipality i.e., Town Municipal Council, Chikkabanavara. The petitioner is kept under suspension on the same allegation which is the subject matter of Articles of Charge. Normally, a government servant or an employee is kept under suspension pending enquiry, only to keep him out of the mischief zone. The purpose of keeping an employee under suspension is to see that the said employee would not meddle with the evidence or records. In that view of the matter, while staying the impugned order bearing No.1637120/DMA/ENQ2/BNG1/01/ 2025 dated 03.01.2025 (Annexure-A), respondent No.2 is directed to shift the petitioner from Chikkabanavara Municipality to any other Town Municipal Council, in and around Bengaluru. - 7 - HC-KAR NC: 2025:KHC:27977 WP No. 119 of 2025 C/W WP No. 35374 of 2024 Learned Additional Government Advocate is granted four weeks time to file statement of objections.” 3. The suspension order has been stayed. The petitioner was re-instated into the service. In W.P.No.35374/2024, the respondent has already initiated the departmental enquiry and articles of charges is already filed. 4. In view of the above, the following order is passed: (i) W.P.No.*119/2025 is allowed. (ii) The order dated 03.01.2025 passed by the second respondent vide Annexure-A is quashed. But the petitioner should not be transferred to Town Municipal Council, Chikkabanavara. (iii) The respondent is directed to conclude the departmental enquiry initiated against the petitioner as expeditiously as possible. *Corrected vide chamber order dated: 05.08.2025 - 8 - HC-KAR NC: 2025:KHC:27977 WP No. 119 of 2025 C/W WP No. 35374 of 2024 (iv) In view of the order passed in W.P.No.919/ 2025, the prayer sought in W.P.No.35374/ 2024 does not survive for consideration. (v) Accordingly, W.P.No.35374/2024 stands disposed of. (vi) All the contentions of the parties are kept open. (vii) In view of disposal of the petitions, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 56