- 1 - HC-KAR NC: 2025:KHC:44198 WP No. 31981 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 31981 OF 2025 (S-RES) BETWEEN: SRI. H.M.NAIK S/O. LATE. CHANDRA NAIK, AGED ABOUT 48 YEARS PRESENTLY WORKING AS HINDI TEACHER, POLICE PUBLIC SCHOOL, KORAMANGALA, BENGALURU-560 034 R/A. PILLENAHALLI, KALVEHALI THANDYA, KADUR, CHIKMAGALUR DISTRICT-577121 (NOW ORDER UNDER SUSPENSION) …PETITIONER (BY SRI. BASAVARAJA PATEL G K., ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44198 WP No. 31981 of 2025 AND: 1. THE SECRETARY POLICE PUBLIC SCHOOL EDUCATION MANAGEMENT COMMITTEE KORAMANGALA, BENGALURU 560034 2. THE PRINCIPAL POLICE PUBLIC SCHOOL (CBSE) KORAMANGALA, BENGALURU-560 034 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE SUSPENSION ORDER IN BEARING NO- 01/PO.PA.SCO/2025-26 DATED 19.06.2025 ISSUED BY THE 1 RESPONDENT VIDE ANNEXURE-B, THE SAME IS ARBITRARY, ILLEGAL AND CONTRARY TO RULES. II. ISSUE A CONSEQUENTIAL DIRECTION TO THE 1ST RESPONDENT TO REINSTATE THE PETITIONER IN SERVICE AND TREAT HIS AS HAVING CONTINUED IN SERVICE, UNAFFECTED BY THE IMPUGNED ORDER OF SUSPENSION AND GRANT ALL THE CONSEQUENTIAL BENEFITS AND ETC. - 3 - HC-KAR NC: 2025:KHC:44198 WP No. 31981 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner has filed this writ petition seeking for the following reliefs: i. Issue a writ in the nature of certiorari, quashing the suspension order bearing No: 01/Po.Pa.Sco/2025-26 dated 19.06.2025 issued by the 1st respondent vide Annexure B, the same is arbitrary, illegal and contrary to Rules; ii. Issue a consequential direction to the 1st respondent to reinstate the petitioner in service and treat him as having continued in service, unaffected by the impugned order of suspension and grant all the consequential benefits; iii. Grant such other and further reliefs as this Hon’ble court deems fit to grant under the circumstances of cases, in the interest of justice.” 2. Brief facts leading rise to the filing of this writ petition are as follows: - 4 - HC-KAR NC: 2025:KHC:44198 WP No. 31981 of 2025 3. The petitioner was initially appointed as a Hindi Teacher on 05.05.2010 and he has completed his probationary period without any adverse remarks and he has discharged his duties in the said place to the best satisfaction of his superiors. One Smt.Rajeshwari M. lodged a complaint before respondent No.2 against the petitioner stating that she has given money to the petitioner to get a seat in Police Public School, for III standard admission to her brother's son i.e., Kavin Karthik. Based on the said complaint, respondent No.1 has issued a suspension order dated 19.06.2025 vide Annexure “B” by pending departmental enquiry. Thereafter, the petitioner submitted a representation dated 25.09.2025 vide Annexure “C” requesting the respondents to cancel the suspension order and release the salary. However, there was no action on the part of the respondents. It is contended that the petitioner is suffering from financial crisis and that the respondents have not paid - 5 - HC-KAR NC: 2025:KHC:44198 WP No. 31981 of 2025 subsistence allowance / half salary during the suspension period. It is contended that the school authority, subsequent to the order of suspension, has given admission to the said Kavin Karthik to III standard “F” section. Therefore, it is contended that the said Rajeshwari has no grievance against the petitioner. The petitioner, being aggrieved by the order of suspension vide Annexure “B”, filed this Writ Petition. 4. Heard the arguments of the learned counsel for the petitioner. 5. The learned counsel for the petitioner submits that the petitioner has not been attached with the Admission Section and the entire process was done by respondent No.1 by conducting examinations. He submits that the petitioner has been made a victim of false allegation and he has not committed any misconduct. He submits that the order of suspension vide Annexure “B” is wholly arbitrary, illegal and - 6 - HC-KAR NC: 2025:KHC:44198 WP No. 31981 of 2025 without application of mind. He also submits that due to the order of suspension, the petitioner is suffering from the financial crisis. Accordingly, prays to allow the writ petition. 6. Perused the records and considered the submissions of the learned counsel for the petitioner. 7. It is undisputed that the petitioner was appointed as Hindi Teacher on 05.05.2010 and he has completed his probationary period without any adverse remarks. On account of the complaint lodged by one Rajeshwari M., the petitioner was issued with an order of suspension on 19.06.2025 vide Annexure “B” for having received a sum of money to get a seat in the Police Public School for III Standard admission to her brother’s son. Thereafter, the petitioner has submitted a representation requesting the respondents to revoke his order of suspension and pay three months salary vide Annexure “C” dated 25.09.2025. - 7 - HC-KAR NC: 2025:KHC:44198 WP No. 31981 of 2025 8. From the perusal of the impugned order vide Annexure “B” it is evident that the petitioner is working in a responsible position as a Hindi Language Teacher at the Police Public School, Koramangala which is under the police department and that the petitioner is duty bound to perform his duties honestly in the educational institution and that the petitioner has illegally accepted money from the parents seeking admission and has publicly defamed the School under the Police Department. 9. The impugned order is not an order of punishment, it is only an administrative order. That ordinarily the Court should not interfere with the order of suspension unless it is passed in mala fide and without there being even a prima facie evidence on record. The petitioner, except pleading in the petition that the impugned order is arbitrary, illegal and without application of mind, has not produced any material to - 8 - HC-KAR NC: 2025:KHC:44198 WP No. 31981 of 2025 demonstrate that the impugned order passed in is arbitrary and illegal / mala fide. 10. The scope of judicial review is limited in case of suspension for the reason that passing of suspension order is of an administrative nature and that suspension is not a punishment. Its purpose is only to forbid the delinquent to work in the office and it is in the exclusive domain of the employer. The Tribunal or the Court cannot function as an appellate authority over the decision taken by the disciplinary authority. This proposition can be fortified by the view expressed by the Hon’ble Apex Court in cases of Union of India (UOI) and Ors, vs. Ashok Kumar Agarwal, reported in (2013) 16 SCC 147 and U.P.Rajya Krishi Utpadan Mandi Parishad and others vs. Sanjiv Rajan, reported in 1993 Supp (3) SCC 483. 11. The respondents, based on the misconduct committed by the petitioner, on account of a complaint lodged by Rajeshwari M., has passed the impugned order. The - 9 - HC-KAR NC: 2025:KHC:44198 WP No. 31981 of 2025 petitioner has failed to prove that the impugned order is arbitrary, illegal and without application of mind, by placing cogent material on record. It is pleaded in the petition that, subsequent to the impugned order, a seat was given to Kavin Kartik. Hence, under such circumstances, the complaint is false, frivolous and untenable. It is not a ground to seek relief under this writ petition, as stated above. 12. Hence, I do not find any good ground to interfere with the impugned order. Accordingly, the writ petition is dismissed. 13. In view of the dismissal of the petition, pending interlocutory applications, if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE RK (ONLINE) CT:KHV List No.: 1 Sl No.: 22