- 1 - HC-KAR NC: 2025:KHC:39904-DB WA No. 27 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 27 OF 2025 (S-RES) BETWEEN: 1. DR. V LOKESH AGED ABOUT 55 YEARS S/O VENKATAPPA WORKING AS DIRECTOR OF KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY NOW UNDER SUSPENSION BANGALORE R/AT 18/2 -3B, 13TH A CROSS JAYANGAR, 2ND BLOCK, BANGALORE 560011 …APPELLANT (BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL FOR SMT. M.L.SUVARNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY MEDICAL EDUCATION DEPARTMENT M S BUILDING, BANGALORE 560001. 2. VICE CHAIRMAN KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY BANGALORE 560029. 3. DEAN CUM DIRECTOR DIRECTORATE OF MEDICAL EDUCATION BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (OLD BUILDING) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39904-DB WA No. 27 of 2025 1ST FLOOR, FORT ROAD, K R ROAD BANGALORE 560002 4. DR SYED ALTHAF MAJOR BY AGE PROFESSOR, SURGICAL ONCOLOGY KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY BANGALORE 560029 5. THE DIRECTOR KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY BANGALORE 560029 6. THE ENQUIRY COMMITTEE HEADED BY ITS CHAIRMAN HOLDING OFFICE AS THE COMMISSIONER OF TREASURIES DEPARTMENT OF TREASURIES 6TH FLOOR, KPCL GREEN BUILDING PALACE ROAD, BANGALORE-560001. 7. THE ADMINISTRATOR KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY BANGALORE 560029 …RESPONDENTS (BY SRI. SHASHIKIRAN SHETTY, AG ALONW WITH SRI. REUBEN JACOB, AAG & SRI. M.N.SUDEV HEGDE, AGA FOR R-1 & R-3; SRI. PIYUSH KUMAR JAIN, ADVOCATE FOR R-2, R-5 & R-7; VIDE COURT ORDER DATED:11.02.2025, NOTICE TO R-5 IS DISPENSED WITH) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 28.08.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-6894/2024 AND ALLOW THE WP AS PRAYED FOR BY THE APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC:39904-DB WA No. 27 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This appeal is filed being aggrieved by the impugned judgment and order dated 28.08.2024 passed by the learned Single Judge in W.P.No.6894/2024 filed by the petitioner, who was working as a Director in Kidwai Memorial Institute of Oncology, Bengaluru with effect from 17.10.2022. 2. For the sake of convenience the parties are referred to as per their ranking before the learned Single Judge. 3. The petitioner had been issued with Articles of charges dated 27.05.2024 indicating as many as 52 charges. It appears that some of the charges are not related to him and some of the charges are vague, for which he has given representation. The Disciplinary - 4 - HC-KAR NC: 2025:KHC:39904-DB WA No. 27 of 2025 Authority has examined the representation and thereafter issued fresh charge-sheet. However, in view of the interim arrangement recorded in W.P.No.17958/2024 filed by the petitioner, the learned Single Judge by the impugned judgment and order dated 28.08.2024 in W.P.No.6894/2024 has upheld the suspension order dated 21.02.2024 and the petitioner has been placed under suspension pending disciplinary proceedings against him. 4. Though some submissions have been made regarding the impugned judgment and order, but at this stage, we do not find any grounds to interfere with the impugned judgment and order insofar as it relates to challenge to the suspension order dated 21.02.2024, is concerned. 5. Sri D.R. Ravi Shankar, learned Senior Counsel for Smt. M.L. Suvarna, learned counsel for the appellant submits that appellant may be reverted from the post of Director to his original post of Professor and he may be allowed to discharge the functions and duties of the - 5 - HC-KAR NC: 2025:KHC:39904-DB WA No. 27 of 2025 Professor in the 2nd respondent/Institute. He further submits that though the petitioner has remained under suspension for more than one and half years, he has not been paid the subsistence allowance. 6. Sri Shashikiran Shetty, learned Advocate General appearing for respondents submits that 2nd respondent/Institute does not have objection for the appellant working as Professor in the 2nd respondent/Institute. He further submits that appellant would be allowed to function as Professor of Oncology in the 2nd respondent/Institute. Subject to the appellant filing a declaration that he has not worked in any other Government Institutions during the period of suspension, he shall be paid subsistence allowance. The said declaration should be filed within a period of three weeks from today. He also submits that 2nd respondent-Institute will approach the learned Single Judge in W.P.No.17958/2024 which is pending consideration, - 6 - HC-KAR NC: 2025:KHC:39904-DB WA No. 27 of 2025 seeking leave to proceed with the enquiry and to conclude the same at the earliest point of time. 7. Considering the aforesaid stand of the parties, while upholding the impugned judgment and order passed by the learned Single Judge, the present writ appeal stands disposed of, with liberty and directions as under:- a. The appellant shall file a declaration that he has not worked anywhere during the period of suspension with the Government, and on his filing a declaration the subsistence allowance shall be paid to the appellant for the suspension period. b. The Government shall permit the appellant to discharge his duties as Professor with the 2nd respondent/Institute and he shall be paid salary and allowances as applicable to the said post from the date he assumes charge. - 7 - HC-KAR NC: 2025:KHC:39904-DB WA No. 27 of 2025 c. The 2nd respondent/Institute, after seeking leave of the learned Single Judge in W.P.No.17958/2024 which is pending consideration, may serve fresh charge sheet on the appellant and proceed with the enquiry for its conclusion as expeditiously as possible. 7. We make it clear that any observation made in this writ appeal shall not affect the merits of W.P.No.17958/2024, and the said writ petition should be disposed off on its own merit. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE NG List No.: 1 Sl No.: 0