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2025 DAILYLAW 84443 (KAR)

THE STATE OF KARNATAKA v. DR RAJUMAR YARAGAL S/O SHILABADHAR

WP/105698/2025 · 2025-10-15

Geetha K B, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13920-DB WP No.105698 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO.105698 OF 2025 (S-KAT) BETWEEN: 1. THE STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY TO THE GOVT., DEPARTMENT OF HEALTH AND FAMILY WELFARE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. 3. THE DEPUTY COMMISSIONER, BAGALKOT DISTRICT, BAGALKOT-587103. …PETITIONERS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE) AND: DR. RAJKUMAR YARAGAL, S/O SHILABADHAR, AGE. 55 YEARS, WORKING AS RCHO, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13920-DB WP No.105698 of 2025 BAGALKOT DISTRICT, RESIDING AT PLOT NO.19, SECTOR NO.61, NAVANAGAR, BAGALKOT-587103. …RESPONDENT (BY SRI. SUNIL S. DESAI, ADVOCATE) 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 TO QUASH THE IMPUGNED ORDER PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BELAGAVI IN APPLICATION NO.10985/2024 BY ORDER DATED 04.10.2024 VIDE ANNEXURE-B AND QUASH THE APPLICATION NO.10985/2024 & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The State authorities in Health and Family Welfare Department are before this Court questioning the correctness and legality of the order dated 04.10.2024 passed in Application No.10985/2024 whereunder the Tribunal allowed the application and quashed the order of suspension of the respondent dated 16.08.2024. - 3 - HC-KAR NC: 2025:KHC-D:13920-DB WP No.105698 of 2025 2. Heard Sri. G.K.Hiregoudar, learned Principal Government Advocate for the appellants and learned counsel Sri. Sunil S.Desai for Sri. Arvind D.Upadhye, learned counsel for the caveator/respondent. 3. At the outset, learned counsel, Sri. Sunil S.Desai for the respondent would submit that, in pursuance of the order of the Tribunal, the suspension of the respondent is revoked and the respondent is reinstated by order dated 17.02.2025. He further submits that the articles of charge, in respect of an incident on which the petitioner was kept under suspension, has been issued on 29.01.2025. 4. The order of the Tribunal dated 04.10.2024 is challenged in this writ petition which is filed on 16.07.2025. When the petitioners have issued posting order pursuant to the direction of the Tribunal which is impugned herein, and the fact that articles of charge dated 29.01.2025 is also issued there was no cause of action or occasion for the petitioners to prefer the present writ petition. As the respondent is continued in the post held by him prior to his suspension at RCHO Bagalkote, we are - 4 - HC-KAR NC: 2025:KHC-D:13920-DB WP No.105698 of 2025 not inclined to interfere with the order of the Tribunal. Accordingly, the writ petition stands rejected. Pending interlocutory applications, if any, stand disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 39