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2026 DAILYLAW 16967 (KAR)

SRI. S. N. RAVIKUMAR v. THE STATE OF KARNATAKA

WP/3109/2025 · 2026-02-06

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6987-DB WP No. 3109 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 3109 OF 2025 (S-KSAT) BETWEEN: SRI. S. N. RAVIKUMAR S/O NARASAPPA. S.N AGED ABOUT 42 YEARS OCCUPATION EDUCATION CO-ORDINATOR BLOCK EDUCATION OFFICE NORTH BLOCK-3 BENGALURU NORTH TALUK-560002 (UNDER SUSPENSION) AND ALSO AT: NO.18/19, JAI HANUMAN LAYOUT VIRUPAKSHAPURA VIDYARANYAPURA POST BENGALURU-560097. …PETITIONER (BY SRI. NARASIMHA GOWDA S. N., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY VIDHANASOUDHA, BENGALURU-560001. 2. THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6987-DB WP No. 3109 of 2025 NRUPATHUNGA ROAD, BENGALURU-560001. 3. THE JOINT DIRECTOR-1 BENGALURU DISTRICT-1 DEPARTMENT OF SCHOOL EDUCATION OFFICE OF THE COMMISSIONER K.G.ROAD, BENGALURU-560009. 4. THE DEPUTY DIRETOR (ADMINISTRATION) DEPARTMENT OF SCHOOL EDUCATION OFFICE OF THE COMMISSIONER K.G.ROAD, BENGALURU-560009. 5. THE BLOCK EDUCATION OFFICER OFFICE OF THE BLOCK EDUCATION OFFICER NORTH ZONE-3 BENGALURU NORTH TALUK-560002. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN THE CASE OF A.NO-1985/2024 ON THE FILE OF KSAT BENGALURU AND QUASH/STE ASIDE ITS IMPUGNED ORDER DATED 11.07.2024 VILDE ANNEXURE-V AND ETC. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2026:KHC:6987-DB WP No. 3109 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioner, a suspended Teacher is before this Court by order dated 11.07.2020 in Application No.1985/2024 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), wherein the petitioner’s prayer to quash Annexure-A1 dated 24.04.2024 and Annexure-A2 dated 29.04.2024 keeping the petitioner under suspension is rejected. 2. Heard learned counsel Sri.Narasimha Gowda.S.N., for petitioner and learned Additional Government Advocate Sri.Vikas Rojipura for respondents. 3. Learned counsel for the petitioner would submit that the petitioner was before the Tribunal questioning the order of suspension dated 29.04.2024. The petitioner was kept under suspension on the following allegations: “ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ ²æÃ J¸ï J£ï gÀ«PÀĪÀiÁgï. ²PÀët ¸ÀAAiÉÆÃdPÀgÀÄ, PÉëÃvÀæ ²PÀëuÁ¢üPÁjUÀ¼À PÀbÉÃj, ¨ÉAUÀ¼ÀÆgÀÄ GvÀÛgÀ ªÀ®AiÀÄ-3 EªÀgÀÄ ¢£ÁAPÀ: 24-06- 2005 gÀAzÀÄ £ÉêÀÄPÁw ºÉÆA¢zÀÄÝ, ¸ÀzÀjAiÀĪÀgÀ ¥ÀwßAiÀĪÀgÀ - 4 - HC-KAR NC: 2026:KHC:6987-DB WP No. 3109 of 2025 C£ÁgÉÆÃUÀåzÀ £ÀPÀ®Ä ªÉÊzÀåQÃAiÀÄ zÁR¯ÉUÀ¼À£ÀÄß ¸À°è¹, ¢£ÁAPÀ: 03-07-2015 gÀAzÀÄ ¸ÀPÁðj »jAiÀÄ ¥ÁæxÀ«ÄPÀ ±Á¯É wAqÀÄè, ¨ÁålgÁAiÀÄ£À¥ÀÅgÀ AiÀÄ®ºÀAPÀ, ¨ÉAUÀ¼ÀÆgÀÄ GvÀÛgÀ ªÀ®AiÀÄ-4 F ±Á¯ÉUÉ ªÀUÁðªÀuÉ ¥ÀqÉzÀÄPÉÆArgÀÄvÁÛgÉ. C®èzÉà ¸ÀzÀjAiÀĪÀgÀ E§âgÀÄ ªÀÄPÀ̼ÁzÀ ²æÃ ®°vÉñï Dgï AiÀiÁzÀªï ªÀÄvÀÄÛ PÀÄ. ±ÉæÃAiÀĹé Dgï EªÀgÀÄUÀ¼ÀÄ JA.E.J¸ï Q±ÉÆÃgÀ PÉÃAzÀæ ¥À©èPï ±Á¯É, «zÁågÀtå¥ÀÅgÀA AiÀÄ®ºÀAPÀ ¨ÉAUÀ¼ÀÆgÀÄ ±Á¯ÉAiÀİè Dgï n E CrAiÀİè zÁR¯Áw ¥ÀqÉzÀÄPÉÆArgÀÄvÁÛgÉ JAzÀÄ zÀÆj£À G¯ÉèÃR (2)gÀ£ÀéAiÀÄ ¥ÁæxÀ«ÄPÀ «ZÁgÀuÉAiÀÄ£ÀÄß £Àqɹ ªÀgÀ¢ ¸À°è¸À®Ä ¸ÀÆa¹gÀĪÀÅzÁV G¯ÉèÃT¸À¯ÁVgÀÄvÀÛzÉ. CzÀgÀAvÉ G¯ÉèÃR-1 gÀAvÉ ªÀiÁ£Àå ¸ÀºÀ ¤zÉÃð±ÀPÀgÀÄ-1, ¨ÉAUÀ¼ÀÆgÀÄ «¨sÁUÀ EªÀgÀÄ «ZÁgÀuÉ £Àqɹ zÀÆgÀÄ ¸Á©ÃvÁVgÀĪÀÅzÁV ªÀÄvÀÄÛ ªÀUÁðªÀuÁ PÁAiÉÄÝAiÀÄ£ÀéAiÀÄ ¤UÀ¢ü¥Àr¹zÀ wêÀævÀgÀ SÁ¬Ä¯ÉUÀ¼À®èzÀ SÁ¬Ä¯ÉUÉ ªÉÊzÀåQÃAiÀÄ ¥ÀæªÀiÁt ¥ÀvÀæ ¥ÀqÉzÀÄ ªÀUÁðªÀuÉ ¥ÀqÉ¢gÀĪÀÅzÀgÀ PÀÄjvÀÄ ¥ÁæxÀ«ÄPÀ «ZÁgÀuÁ ªÀgÀ¢AiÀÄ£ÀéAiÀÄ ²æÃ J¸ï J£ï gÀ«PÀĪÀiÁgï EªÀgÀ «gÀÄzÀÞzÀ zÀÆgÀÄUÀ½UÉ ¸ÀA§A¢ü¹zÀAvÉ ¸ÀzÀjAiÀĪÀgÀ£ÀÄß «ZÁgÀuÉ PÁ¬ÄÝj¹ CªÀiÁ£ÀvÀÄÛUÉÆ½¹ E¯ÁSÁ «ZÁgÀuÉ PÉÊUÉÆAqÀÄ CUÀvÀå ²¸ÀÄÛPÀæªÀÄ PÉÊUÉÆ¼Àî®Ä ¸ÀÆa¹gÀÄvÁÛgÉ.” 4. The Tribunal under impugned order with an observation that there is prima facie evidence against the applicant that if proved against the applicant in the disciplinary proceedings against him, may lead to the award of major penalty for grave misconduct, dismissed - 5 - HC-KAR NC: 2026:KHC:6987-DB WP No. 3109 of 2025 the application. Questioning the order of the Tribunal as well as order of suspension, petitioner is before this Court. 5. Learned Additional Government Advocate Sri.Vikas Rojipura for respondents would submit that the order of suspension of the petitioner was revoked by memorandum dated 14.10.2025. The petitioner on revocation of suspension is reinstated to work and posted to Government High School, Addagal, Chikkaballapura Taluk, against a vacant post. Learned Additional Government Advocate would submit that the articles of charge dated 18.10.2024 was also issued and the Enquiry Officer has already commenced the enquiry proceedings. 6. Learned counsel for the petitioner would contend that for no fault of the petitioner, the petitioner was kept under suspension and on false allegation articles of charge have been issued. Learned counsel for the petitioner would submit that the petitioner has not committed any misconduct and enquiry itself is without - 6 - HC-KAR NC: 2026:KHC:6987-DB WP No. 3109 of 2025 jurisdiction. Further, learned counsel for the petitioner would submit that the Enquiry Officer has not permitted engaging the services of an Advocate and he is proceeding without providing any opportunity. Further, learned counsel would also submit that while revoking the order of suspension, the petitioner was posted to Chikkaballapura Taluk without there being any reason. It is his specific submission that at the time of petitioner’s suspension, petitioner was working at North Division-3, Bengaluru North Taluk where he ought to have been posted on revocation of his suspension. Thus, learned counsel would pray for allowing the writ petition. 7. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are not inclined to interfere with the order passed by the Tribunal and further petitioner is also not entitled for the relief sought in the application filed by him, questioning the order of revocation of suspension and also - 7 - HC-KAR NC: 2026:KHC:6987-DB WP No. 3109 of 2025 to implead the Enquiry Officer in the present proceedings for the following reasons: Admittedly, the prayer of the petitioner before the Tribunal was to quash the order of suspension dated 29.04.2024 (Annexure-A2). The said order of suspension is admittedly revoked by memorandum dated 15.10.2025 and on revocation the petitioner is posted to work at Government High School, Addagal, Chikkaballapura Taluk. On revocation of suspension, it is for the Government to post such Government servant to a post out of mischief zone so as to enable proper conduct of enquiry. The contention of the petitioner that he has not committed any misconduct and on false allegation the enquiry is instituted cannot be gone into in this writ petition. It is for the petitioner to prove his innocence by producing the material before the Enquiry Officer. The petitioner whose suspension is revoked shall report to duty at the place where he is posted in pursuance to revocation of suspension challenge to the article of charge as well as - 8 - HC-KAR NC: 2026:KHC:6987-DB WP No. 3109 of 2025 refusing legal assistance in the enquiry are different cause of action and it cannot be gone into in this petition, which would no longer survive for consideration in view of revocation of suspension. 8. With the above observations, writ petition stands disposed of. 9. In view of disposal of the writ petition, all the pending I.As stand disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 10