- 1 - NC: 2025:KHC-D:1187 WP No. 107682 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107682 OF 2024 (S-DIS) BETWEEN: SRI DINAKAR KUMAR HUDALI, AGE: 39 YEARS, OCC: PLC (SUSPENDED), R/O: CHINCHALI VILLAGE, TQ RAIBAG, DIST: BELAGAVI – 591 217. …PETITIONER (BY SRI CHETAN T. LIMBIKAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP BY ITS SECRETARY, DEPARTMENT OF INTERNAL ADMINISTRATION, (PARA POLICE FORCE SERVICES) VIDHAN SOUDHA, BENGALURU – 560 001. 2. THE DIRECTOR OF GENERAL OF POLICE AND COMMANDANT GENERAL HOME GUARDS, STATE OF KARNATAKA, ANNASWAMY MUDALIYAR ROAD, BENGALURU – 560 042. 3. THE COMMANDANT, OFFICE OF THE COMMANDANT, HOME GUARDS BELAGAVI – 590 009. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED SUSPENSION ORDER DATED 06/12/2024 BEARING NO. AADALLITA (2) 69/CGO/2023-24 VIDE ANNEXURE-D PASSED BY THE 2ND RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 10:54:57 +0530 - 2 - NC: 2025:KHC-D:1187 WP No. 107682 of 2024 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: i. Issue a Writ in the nature of Certiorari quashing the impugned suspension order dated 06/12/2024 bearing no. Aadallita (2) 69/cgo/2023-24 vide Annexure-D passed by the 2nd respondent in the interest of justice and equity. ii. Grant such other relief as deems fit under the facts and circumstances of case in the interest of justice and equity. 2. Heard Sri Chetan T. Limbikai, learned counsel for petitioner and Smt. Keerthilatha R. Patil, learned HCGP for respondents. 3. The action that is called in question is the order placing the petitioner under suspension. The petitioner gets embroiled in a crime. At the time of registration of the crime, the name of the petitioner was not the one who has shown as accused. At the time of filing the final report, it transpires that the name of the petitioner springs as an - 3 - NC: 2025:KHC-D:1187 WP No. 107682 of 2024 accused and he was taken into study on 06.07.2024 and remained in custody till 20.07.2024, the date on which he was enlarged on bail. 4. Therefore, he was in custody for a period of 14 days. In terms of the extant Rules, if an employee gets involved in certain action due to which he is arrested and placed in custody for more than 48 hours, he is deemed to have been placed under suspension. The deeming clause springs by itself and there is no order that needs to be passed by the authority placing an employee under suspension. Therefore, there is no warrant for this Court to interfere with the order of suspension on the score that it does not bear application of mind otherwise. 5. The learned counsel, at this juncture, submits that subsistence allowance is not paid. If that be so, it would be illegal on the part of the respondent-State not to pay subsistence allowance to an employee who is placed under suspension. Therefore, the respondent-State shall pay all the subsistence allowance from the date of placing - 4 - NC: 2025:KHC-D:1187 WP No. 107682 of 2024 him under suspension till the suspension is continued without driving the petitioner to this Court yet again, for the reason of non-payment of subsistence allowance. 6. With aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 21