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2025 DAILYLAW 74059 (KAR)

SRI A N KRISHNE GOWDA v. THE STATE OF KARNATAKA

WP/21365/2021 · 2025-08-28

K V Aravind, S G Pandit

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- 1 - HC-KAR NC: 2025:KHC:33350-DB WP No. 21365 of 2021 C/W WP No. 20969 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 21365 OF 2021 (S-KSAT) C/W WRIT PETITION NO. 20969 OF 2021 (S-KSAT) IN WP No. 21365/2021 BETWEEN: SRI A N KRISHNE GOWDA S/O LATE NINGEGOWDA AGED ABOUT 41 YEARS WORKING AS CHC-332 T NARASIPURA POLICE STATION MYSORE DISTRICT, MYSORE-571 110 PRESENTLY UNDER SUSPENSION R/AT NO.6 HANDUVINAHALLI LAYOUT NEAR SHIVAMURTHY APARTMENTS NANJANGUD TOWN MYSORE DISTRICT 571 301. …PETITIONER (BY PETITIONER-PARTY IN PERSON SRI A.N. KRISHEGOWDA) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANASOUDHA BENGALURU 560 001 Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33350-DB WP No. 21365 of 2021 C/W WP No. 20969 of 2021 2. THE STATE OF KARNATAKA REP BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME (POLICE SERVICES) VIDHANA SOUDHA BENGALURU 560 001 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE POLICE HEAD QUARTERS NRUPATHUNGA ROAD BENGALURU 560 001 4. INSPECTOR GENERAL OF POLICE SOUTHERN RANGE JALPURI MYSORE 570 001 5. SUPERINTENDENT OF POLICE JALPURI MYSORE DISTRICT MYSORE 570 001 6. DEPUTY SUPERTINTENDENT OF POLICE AND ENQUIRY OFFICER HUNSUR SUB DIVISION MYSORE DISTRICT MYSORE 571 105 …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA) THIS WRIT PETITION IS FILED PRAYING TO-DIRECTION QUASHING THE ORDER DATED 24.08.2021 IN APPLICATION NO.1764/2021 BY KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE AT ANNEXURE-A TO THE WRIT - 3 - HC-KAR NC: 2025:KHC:33350-DB WP No. 21365 of 2021 C/W WP No. 20969 of 2021 PETITION.DIRECTION QUASHING THE IMPUGNED ORDER BEARING NO. DE/SUSPENSION/08/2020, DATED 02.06.2020, OB/142/2020 AT ANNEXURE-A3 ISSUE CONSEQUENTIAL DIECTIONS TO THE R5 TO REVOKE THE SUSPENSION ORDER DATED 02.06.2020 BY CONSIDERING THE REPRESENTATIONS FILED BY THE PETITIONER DATED 02.01.2021, 10.01.2021, 18.01.2021, 04.02.2021 AND 18.02.2021 AS PER ANNEXURE- A9 , A10, A11, A12, A13, A14, AND A15 IN THE INTEREST OF JUSTICE AND EQUITY.DIRECTION TO THE R5 TO PAY 100 PERCENT SALARY TO THE PETITIONER FROM DATE OF SUSPENSION TILL COMPLETION OF ENQUIRY PROCEEDINGS AGAINST THE PETITIONER. IN WP NO. 20969/2021 BETWEEN: SRI A N KRISHNEGOWDA S/O LATE NINGEGOWDA AGED ABOUT 41 YEARS WORKGING AS CHC-332 T NARASIPURA POLICE STATION MYSORE DISTRICT MYSORE 571 110 PRESENTLY UNDER SUSPENSION R/AT NO.6 HANDUVINAHALLI LAYOUT NEAR SHIVAMURTHY APARTMENTS NANJANGUD TOWN MYSORE DISTRICT 571 301. ...PETITIONER (BY SRI A.N. KRISHEGOWDA APPEARING AS PETITIONER- PARTY IN PERSON) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU 560 001 - 4 - HC-KAR NC: 2025:KHC:33350-DB WP No. 21365 of 2021 C/W WP No. 20969 of 2021 2. THE STATE OF KARNATAKA REP BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME (POLICE SERVICES) VIDHANA SOUDHA BENGALURU 560 001 ...RESPONDENTS (BY SMT B.SUKANYA BALIGA, AGA) THIS WRIT PETITION UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA IS FILED PRAYING TO-QUASHING THE ORDER DATED 22.09.2021 PASSED IN APPLICATION NO.1584/2021 BY KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE AT ANNEXURE-A TO THE WRIT PETITIONQUASHING THE ENTIRE ORDER BEARING NO.DE/PUNISHMENT/12/2020, 02.12.2020, OB/442/2020 AT ANNEXURE-A4 DATED 02.12.2020 PASSEED BY 5TH RESPONDENT AND ALL THE SUBSEQUENT PROCEEDINGS THAT CULMINATED FROM THE SAID ORDER.QUASHING THE ORDER BEARING NO.DE/NI/E-06/12/2020 DATED 05.01.2021, PASSED BY THE R5 AT ANENXURE-A6QUASHING ORDER BEARING NO.DE/PUNISHMENT/13/2020 DATED 02.12.2020, OB/438/2020 AT ANENXURE-A7 PASSED BY THE R5 IN SO FAR AS APPOINTING THE R6 AS THE ENQUIRY OFFICER TO THE DISCIPLINARY PROCEEDINGS INITIATED AGAINST THE PETITINERQUASHING THE ENTIRE PROCEEDINGS THAT CULMINATED FROM THE ORDER BEARING NO. DE/PUNISHMENT/13/2020 DATED 02.12.2020/OB /438/2020 AT ANENXURE-A7 PASSED BY THE R5.DIRECTION REPLACING THE R6 AS ENQUIRY OFFICER WITH ANOTHER ENQUIRY OFFICER BEING ANY RETIRED JUDICIAL OFFICER AS PER GOVENRMENT ORDER BEARING NO. DPAR 3 SDE 96, BANGALORE, DATED 24.04.21998 AT ANENXURE-A22 AND GOVERNMENT ORDER BEARING NO. LAW 98 LAM 98 DATED 08.03.1999 AT ANENXURE-A23 TO DE NOVO CONDUCT AN ENQUIRY REGARDING THE CHRAGES LEVIED AGAINST THE - 5 - HC-KAR NC: 2025:KHC:33350-DB WP No. 21365 of 2021 C/W WP No. 20969 of 2021 PETITIONER VIDE ORDER BEARING NO.DE/PUNISHMENT/13/2020 DATED 02.12.2020,OB/438/2020 AT ANENXURE-A7 PASED BY THE R5.DIRECTION TO THE R5 TO FORTHWITH CONSIDER THE REPRESENTATION DATED 05.02.2021, 18.02.2021 AND 22.02.2021 OF THE PETITIONER SEEKING FOR CHANGE OF ENQUIRY OFFICER AT ANEXURE-A9, A10, A11, A12, A13 AND A14. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) In W.P.No.21365/2021, the petitioner is before this Court questioning the correctness otherwise the order dated 24.08.2021 in Application No.1764/2021, where under, petitioner's prayer No.2, quashing the order of suspension dated 26.06.2020 is rejected with a direction to the Government to decide as to whether to continue the suspension or otherwise based on such review and if it is decided to continue the suspension to periodically review the suspension, every quarter until the suspension is revoked or the disciplinary proceedings is concluded whichever is earlier. - 6 - HC-KAR NC: 2025:KHC:33350-DB WP No. 21365 of 2021 C/W WP No. 20969 of 2021 2. In W.P. No.20969/2021, the petitioner is before this Court questioning the correctness otherwise of order dated 22.09.2021, in Application No.1584/2021, dismissing petitioner's challenge to the order dated 02.12.2020 (Annexure-A4), appointing enquiry officer; Order dated 05.01.2021, changing the enquiry officer and order dated 02.12.2020 appointing enquiry Officer as well as presenting officer to conduct enquiry against the petitioner. 3. We have heard party-in-person Sri A.N. Krishnegowda, and Smt. B. Sukanya Baliga, learned Additional Government Advocate for the respondents. 4. Learned Additional Government Advocate brings to the notice of this Court the Statement of Objections filed on behalf of the State Government in W.P.NO.20969/2020, and further submits that after enquiry the petitioner is imposed with punishment of dismissal from service under order dated 31.12.2021. 5. Party-in-person Sri A.N. Krishnegowda, would submit that the initiation of enquiry and further proceedings is without jurisdiction and further he places reliance on the - 7 - HC-KAR NC: 2025:KHC:33350-DB WP No. 21365 of 2021 C/W WP No. 20969 of 2021 decision of the Apex Court in the case of Union of India and Another versus Kunisetty Satyanarayana, reported in AIR 2006 SC 28, and submits that in rare and exceptional cases High Court could quash the charge sheet or show-cause notice if it is found to be wholly without jurisdiction or for some other reason if it is wholly illegal. 6. The suspension order has spent itself as on this day and since the petitioner is dismissed from service the question of examining the validity of the suspension or continuing suspension would not arise. 7. Since the enquiry is completed and based on the enquiry report after issuing second show-cause notice to the petitioner, penalty of dismissal from service is passed under order dated 31.12.2021, the question of going into the validity of appointment of Enquiry Officer would also not survive for consideration. 8. To the Court query, the party-in-person submits that, till date the petitioner has not questioned the penalty order dated 31.12.2021. Therefore, liberty is reserved to the - 8 - HC-KAR NC: 2025:KHC:33350-DB WP No. 21365 of 2021 C/W WP No. 20969 of 2021 petitioner to question the order of penalty in accordance with law. 9. All contentions of the petitioner are kept open. 10. Accordingly, both the petitions stand dismissed as the same would not survive for consideration in view of the subsequent development. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE HR List No.: 1 Sl No.: 19