- 1 - HC-KAR NC: 2025:KHC:48318 WP No. 17676 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 17676 OF 2025 (S-RES) BETWEEN: SRI ANNEGOWDA L AGED ABOUT 69 YEARS S/O LATE LINGAIAH, RETIRED HEAD MASTER SRI BHAGYA BHYRAWESWARA HIGH SCHOOL, BIDADI, RAMANAGAR TALUK AND DISTRICT, R/AT FLAT NO.108, SLV. GARDENIYA, SIR M. VISWESWARAIAH NAGAR, 8TH BLOCK, VISWANEEDAM POST, GIDADAKONENAHALLI, BANGALORE-560091 …PETITIONER (BY SRI. ANNEGOWDA, PETITIONER-PARTY IN PERSON) AND: 1. THE HON'BLE APPEAL AUTHORITY AND SPECIAL SECRETARY TO GOVERNMENT OF KARNATAKA, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 6TH FLOOR, M.S. BUILDING, BANGALORE- 560 001. 2. THE STATE OF KARNATAKA REP. BY ITS HON'BLE PRINCIPAL SECRETARY, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48318 WP No. 17676 of 2025 DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 6TH FLOOR, M.S. BUILDING, BANGALORE-560 001. 3. THE HON'BLE COMMISSIONER OF SCHOOL EDUCATION, NEW PUBLIC OFFICES BUILDING, NRUPATHUNGA ROAD, BANGALORE-5600 01. 4. THE HON'BLE DIRECTOR OF SECONDARY EDUCATION OFFICE OF THE COMMISSIONER OF SCHOOL EDUCATION NRUPATHUNGA ROAD, BANGALORE-5600 01. 5. THE DEPUTY DIRECTOR OF SCHOOL EDUCATION (ADMN) PANCHAYATH BHAVAN, 2ND FLOOR, BENGALURU SOUTH DISTRICT, RAMANAGAR - 562159. 6. SRI BHAGYA BHYRAWESWARA RURAL EDUCATION TRUST ® BIDADI, RAMANAGAR TALUK, BENGALURU SOUTH DISTRICT-562109 REPRESENTED BY ITS SECRETARY. 7. THE ADICHUNCHANAGIRI SIKSHANA TRUST ® SRI ADICHUNCHANAGIRI KSHETRA, BELLUR HOBBLI, NAGAMANGALA TALUK, MANDYA DISTRICT- 571811. REPRESENTED BY ITS PRESIDENT …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R5 SRI. C.S. KRISHNA MURTHY, SR. COUNSEL FOR SRI. P. CHIDANANDA, ADVOCATE FOR R7 NOTICE TO R6 HELD SUFFICIENT) - 3 - HC-KAR NC: 2025:KHC:48318 WP No. 17676 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. QUASH AND/OR SET ASIDE THE IMPUGNED ORDER DATED 02ND MAY, 2025 IN REVIEW PETITION NO. 61/2024 PASSED BY THE HON'BLE APPEAL AUTHORITY AND SPECIAL SECRETARY TO GOVERNMENT OF KARNATAKA, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 6TH FLOOR, M.S. BUILDING, BANGALORE- 560 001 AT ANNEXURE- C AND AS A CONSEQUENCE THEREOF, SET ASIDE THE SUSPENSION ORDER DATED 08.05.1993 OF THE PETITIONER AT ANNEXURE- K AND 2. DIRECT THE RESPONDENTS NO.6 AND 7 TO PAY THE FULL SALARY PAYABLE TO THE PETITIONER JOINTLY AND SEVERALLY FROM 08.05.1993 TO TILL NOW WHICH WAS ILLEGALLY WITHHELD, WITH INTEREST AT THE RATE OF 12 PERCENT P.A FOR BELATED PAYMENT OF SALARY DEDUCTING THE SUBSISTENCE ALLOWANCE WHICH IS ALREADY PAID BY 7TH RESPONDENT MANAGEMENT (FROM 08.05.1993 TO DEC-1999) OF RS.45,287-00 (Rs. FORTY FIVE THOUSAND TWO HUNDRED AND EIGHTY SEVEN ONLY) AND ALSO GRANT ALL THE CONSEQUENTIAL SERVICE BENEFITS, INCLUDING ARREARS OF PENSION, ALL RETIRAL DUES, MONETARY BENEFITS AND RETIRAL BENEFITS AND CONTINUITY OF SERVICE FROM THE DATE OF SUSPENSION TILL THE DATE OF ACTUAL PAYMENT WITHIN A STIPULATED PERIOD FIXED BY THIS HON'BLE COURT FLOWING THEREOF. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:48318 WP No. 17676 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER This writ petition is filed by the petitioner/party-in- person challenging the order of suspension dated 08.05.1993 vide Annexure-K. 2. Brief facts leading to the filing of this writ petition are as follows: 2.1. Respondent No.6 kept the petitioner under suspension with immediate effect from 08.05.1993 pending enquiry, until further orders. The order of suspension was not revoked nor continued. The petitioner was retired on attaining the age of superannuation on 31.01.2016. No charge sheet was filed and enquiry was not initiated. The petitioner, aggrieved by the order of suspension, preferred an appeal before the Appellate Authority. The Appellate Authority dismissed the appeal. 3. Respondent No.7 has filed a statement of objections contending that respondent No.7 has revoked - 5 - HC-KAR NC: 2025:KHC:48318 WP No. 17676 of 2025 the order of suspension. The writ petition filed by the petitioner is not maintainable. Hence, on this ground, he prays to dismiss the writ petition. 4. Heard the arguments of the petitioner/party-in- person and the learned counsel for respondent No.7. 5. The petitioner/party-in-person submits that, he was kept under suspension, vide order dated 08.05.1993 and the said order was not revoked. No charge memo is issued and no enquiry was conducted. Meanwhile, he retired from service on attaining the age of superannuation on 31.01.2016. He submits that, as per Rule 10 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (‘CCA Rules’ for short), the order of suspension shall be enforced for a period of six months. If it exceeds, then the disciplinary authority has to pass an order by assigning the reasons for extending. If it is not extended, it is deemed to have been revoked. To buttress his argument, he has placed reliance - 6 - HC-KAR NC: 2025:KHC:48318 WP No. 17676 of 2025 on the judgment of the Hon'ble Apex Court in the case of Union of India and Another Vs. Ashok Kumar Aggarwal1. Hence on this ground, he prays to allow the petition. 6. Per contra, learned Senior Counsel for respondent No.7 submits that the order of suspension was revoked Hence, on this ground, he prays to dismiss the writ petition. 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. Learned Senior Counsel for respondent No.7 submits that, order of suspension was revoked. His submission is placed on record. 9. In view of the submission made by learned Senior Counsel for respondent No.7, nothing further survives for consideration in this writ petition. 1 (2013) 16 SCC 147 - 7 - HC-KAR NC: 2025:KHC:48318 WP No. 17676 of 2025 10. Accordingly, the writ petition is disposed of, as having become infructuous. 11. In view of disposal of the petition, pending IAs, if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 11