- 1 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 315 OF 2025 (S-RES) C/W WRIT PETITION NO. 16962 OF 2025 (S-RES) IN WP No. 315/2025 BETWEEN: 1. UDAYA SINGH GOVIND SINGH S/O GOVIND SINGH AGED ABOUT 31 YEARS ASST. POWERMAN, O AND M, BYALA SECTION KODIGEHALLI SUB-DIVISION MADHUGIRI DIVISION KODIGEHALLI TUMKUR DISTRICT-572127 2. MALLAYYA SANSHI S/O VEERAYYA SANSHI AGED ABOUT 37 YEARS ASST. POWERMAN, O AND M-2, KORATAGERE SUB-DIVISION MADHUGIRI DIVISION KORATAGERE TUMKUR DISTRICT-572129 3. ASIFAHMED MAKANDAR S/O MAHIBOOB MAKANDDAR Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 AGED ABOUT 32 YEARS ASST. POWERMAN, O AND M, BUKKAPATTANA DIVISION SIRA RURAL SUB-DIVISION MADHUGIRI DIVISION SHIRA RURAL, TUMKUR DISTRICT-572137 4. JAMEERAHMADA DHAVALAGI S/O KHAJAMAINUDDIN DHAVALAGI AGED ABOUT 30 YEARS ASST. POWERMAN, O AND M, BUKKAPATTANA SECTION SIRA RURAL SUB-DIVISION MADHUGIRI DIVISION, SHIRA RURAL TUMKUR DISTRICT-572137 5. CHANDRASHEKHAR RAKKASAGI S/O NAGAPPA AGED ABOUT 44 YEARS ASST. POWERMAN, O AND M, BADAVANAHALLI DIVISION-2 MADHUGIRI SUB-DIVISION MADHUGIRI, TUMKUR DISTRICT-572132 6. CHANDRASHEKHAR S/O SHARANAPPA KUMBAR AGED ABOUT 37 YEARS ASST. POWERMAN, O AND M-2, KODIGEHALLI SUB-DIVISION MADHUGIRI DIVISION, KODIGEHALLI TUMKUR DISTRICT-572127 7. MAHANTAYYA ANNAYYA BIRADAR S/O ANNAYYA AGED ABOUT 30 YEARS ASST. POWERMAN, O AND M-1, KODIGEHALLI SUB-DIVISION MADHUGIRI DIVISION KODIGEHALLI TUMKUR DISTRICT-572127 - 3 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 8. MURAGESH CHANNABASAPPA SAJJAN S/O CHANNABASAPPA AGED ABOUT 39 YEARS ASST. POWERMAN, O AND M, MANGALAVADA SECTION PAVAGADA SUB-DIVISION MADHUGIRI DIVISION PAVAGADA TUMKUR DISTRICT-561202 9. CHARALINGESH HULLALLI S/O MAHANTESH HULLALLI AGED ABOUT 36 YEARS ASST. POWERMAN, SECTOR NO.06 NAVANAGARA SUB-DIVISION MADHUGIRI DIVISION NAVANAGARA TUMKUR DISTRICT-572132 …PETITIONERS (BY SRI. KRISHNA V VYAS, ADVOCATE) AND: 1. STATE OF KARNATAKA ENERGY DEPARTMENT, VIKASA SOUDHA, DR AMBEDKAR ROAD, BENGALURU-560001 REP. BY IS PRINCIPAL SECRETARY. 2. THE MANAGING DIRECTOR BESCOM, K R CIRCLE, AMBEDKAR VEEDHI, BENGALURU-560001 3. THE EXECUTIVE ENGINEER (ELE) AND DISCIPLINARY AUTHORITY, BESCOM, COMMERCIAL O AND M DIVISION, - 4 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 MADHUGIRI, TUMKUR DISTRICT-572132 …RESPONDENTS (BY SRI. G RAMESH, AGA FOR R1 SRI. CHANNEGOWDA, ADVOCATE FOR R2 & R3 (VK FILED FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD FROM THE R-3 AND ISSUE WRIT OF CERIOTORITY ORDER QUASHING THE ILLEGAL SUSPENSION ORDER IN NO. P-1 VIDE NO. KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5897-5900 DTD. 17.12.2024 THE P-2 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5921-24 DTD. 17.12.2024 THE P-3 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5913-16 DTD. 17.12.2024 THE P-4 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5917-20 DTD. 17.12.2024 THE P-5 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5909-12 DTD. 17.12.2024 THE P-6 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5901-04 DTD. 17.12.2024 THE P-7 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5905-08 DTD. 17.12.2024 THE P-8 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/6093-6100 DTD. 23.12.2024 THE P-9 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5925-28 DTD. 17.12.2024 PASSED BY THE R-3 VIDE ANNX-A TO H AND J TO THE WRIT PETITION. II) AFTER SETTING ASIDE THE SUSPENSIOIN ORDER IN PETITIONER NO.1 VIDE NO. KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5897-5900 DTD. 17.12.2024 THE P-2 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5921-24 DTD. 17.12.2024 THE P-3 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5913-16 DTD. 17.12.2024 THE P-4 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5917-20 DTD. - 5 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 17.12.2024 THE P-5 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5909-12 DTD. 17.12.2024 THE P-6 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5901-04 DTD. 17.12.2024 THE P-7 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5905-08 DTD. 17.12.2024 THE P-8 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/6093-6100 DTD. 23.12.2024 THE P-9 VIDE KAANIEM(E)/LEAA/SALEAA/HISA(C)24-25/5925-28 DTD. 17.12.2024 PASSED BY THE R-3 VIDE ANNX-A TO H AND J DIRECT THE R-3 TO TAKE BACK THE PETITIONERS WITH THEIR ORIGINAL POST. III) DIRECT THE R-3 TO CONSIDER REPRESENTATION OF THE PETITIONERS AND APPOINT SRI.H.M. NANJUNDASWAMY RETIRED DISTRICT JUDGE AS A ENQUIRY OFFICER TO ENQUIRY CHARGES MENTIONED IN THE SHOW CAUSE NOTICE AS PER THE ORDER OF THE DIVISION BENCH OF THIS HON’BLE COURT IN WRIT APPEAL NO. 261/2020 AND CONNECTED MATTERS DTD. 09.11.2020. IN WP NO. 16962/2025 BETWEEN: 1. SRI. UDAYA SINGH GOVIND SINGH, AGED ABOUT 31 YEARS, S/O. GOVIND SINGH, ASST. POWERMAN, OAND M, BYALA SECTION, KODIGEHALLI SUB DIVISION, MADHUGIRI DIVISION, KODIGEHALLI, TUMKUR-572127. 2. SRI. MALLAYYA SANSHI, AGED ABOUT 37 YEARS, S/O. VEERAYYA SANSHI, ASST. POWERMAN, OAND M-2, KORATAGERE SUB-DIVISION, MADHUGIRI DIVISION, - 6 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 KORATAGERE, TUMKUR-572129. 3. SRI. ASIFAAHMED MAKANDAR, AGED ABOUT 32 YEARS, S/O. MAHIBOOB MARKANDDAR, ASST. POWERMAN, OAND M, BUKKAPATTANA DIVISION, SIRA RURAL SUB-DIVISION, MADHUGIRI DIVISION, SHIRA RURAL, TUMKUR-572137. 4. SRI. JAMEERAHMADA DHAVALAGI, AGED ABOUT 30 YEARS, ASST. POWERMAN, O AND M, BUKKAPATTANA SECTION, SIRA RURAL SUB-DIVISION, MADHUGIRI DIVISION, SHIRA RURAL, TUMKUR-572137 5. SRI. CHANDRASHEKHAR RAKKASAGI, AGED ABOUT 44 YEARS, S/O. NAGAPPA, ASST. POWERMAN, O AND M, BADAVANAHALLI DIVISON-2, MADHUGIRI SUB-DIVISION, MADHUGIRI, TUMKUR-572132. 6. SRI. CHANDRASHEKHAR, AGED ABOUT 37 YEARS, S/O. SHARANAPPA KUMBAR, ASST. POWERMAN, OAND M-2, KODIGEHALLI SUB-DIVISION, MADHUGIRI DIVISION, KODIGEHALLI, TUMKUR-572127. 7. SRI. MAHANTAYYA ANNAYYA BIRADAR, AGED ABOUT 30 YEARS, S/O. ANNAYYA, ASST. POWERMAN, OAND M-1, KODIGEHALLI SUB-DIVISION, MADHUGIRI DIVISION, - 7 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 KODIGEHALLI, TUMKUR-572127. 8. SRI. MURAGESH CHANNABASAPPA SAJJAN, AGED ABOUT 39 YEARS, S/O. CHANNABASAPPA, ASST. POWERMAN, OAND M, MANGALALAVADA SECTION, PAVAGADA SUB-DIVISION, MADHUGIRI DIVISION, PAVAGADA, TUMKUR-561202 9. SRI. CHARALINGESH HULLALLI, AGED ABOUT 36 YEARS, S/O. MAHANTESH HULLALLI, ASST. POWERMAN, SECTION NO.06, NAVANAGARA SUB-DIVISION, MADHUGIRI DIVISION, NAVANAGARA, TUMKUR-572132. ...PETITIONERS (BY SRI. KRISHNA S VYAS.,ADVOCATE) AND: 1. STATE OF KARNATAKA ENERGY DEPARTMENT, VIKAS SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS PRL. SECRETARY. 2. THE MANAGING DIRECTOR, BESCOM, KR CIRCLE, AMBEDKAR VEEDHI, BENGALURU-560001 3. THE COMMISSIONER, DEPARTMENT OF SKILL DEVELOPMENT AND LIVELYHOOD, - 8 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 BANNERGATTA ROAD, BENGALURU-560029. 4. THE EXECUTIVE ENGINEER (ELE), AND DISCIPLINARY AUTHROITY, BESCOM, COMMERCIAL OAND M DIVISION, MADHUGIRI, TUMKUR-572132. 5. MR. JAGANNATH PRASAD UDGATA, FORMER JUDGE AND ENQUIRY OFFICER, BESCOM, COMMERCIAL OAND M DIVISION, MADHUGIRI, TUMKUR-572132 ...RESPONDENTS [BY SMT. SUMANA NAGANAND, ADVOCATE FOR C/R2 & R4 IN CP 10135/2025 (TAGGED IN WP 13386/2025) (VK NOT FILED)] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CHARGE MEMOS ISSUED BY R-4 AGAINST THE PETITIONERS. WHICH ARE AS FOLLOWS.i. CHARGE MEMO BEARING NO. KANIEM(V)/LEA/SALEA/HISA(C)7904 DTD. 14.03.2025 ISSUED TO P-1.ii. CHARGE MEMO BEARING NO. KANIEM(V)/LEA/SALEA/HISA(C)7901 DTD. 14.03.2025 ISSUED TO P-2.iii. CHARGE MEMO BEARING NO. KANIEM(V)/LEA/SALEA/HISA(C)7906 DTD. 14.03.2025 ISSUED TO P-3.iv. CHARGE MEMO BEARING NO. KANIEM(V)/LEA/SALEA/HISA(C)7902 DTD. 14.03.2025 ISSUED TO P-4.v. CHARGE MEMO BEARING NO. KANIEM(V)/LEA/SALEA/HISA(C)7903 DTD. 14.03.2025 ISSUED TO P-5.vi. CHARGE MEMO BEARING NO. KANIEM(V)/LEA/SALEA/HISA(C)7900 DTD. 14.03.2025 ISSUED TO P-6.vii. CHARGE MEMO BEARING NO. KANIEM(V)/LEA/SALEA/HISA(C)7908 DTD. 14.03.2025 ISSUED TO P-7.viii. CHARGE MEMO BEARING NO. KANIEM(V)/LEA/SALEA/HISA(C)7905 DTD. 14.03.2025 ISSUED TO P-8.ix. CHARGE MEMO BEARING NO. - 9 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 KANIEM(V)/LEA/SALEA/HISA(C)7907 DTD. 14.03.2025 ISSUED TO P-9. ALL OF WHICH ARE PRODUCED AS ANNX- R TO R8 RESPECTIVELY, AND PASS SUCH OTHER AND FURTHER ORDERS AS THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed these writ petitions seeking the following reliefs: In W.P.No.315/2025: (1) Call for the record from the 3rd respondent and issue writ of certiorari order quashing the illegal suspension order in No. petitioner No.1 vide No. KaaNiEm(e)/LeAa/SaLeAa/HiSa(C)24-25/5897-5900 dtd. 17.12.2024 the petitioner No.2 vide No.KaaNiem(E)/LeAa/SaLeAa/HiSa(C)24-25/5921-24 dtd. 17.12.2024 the petitioner No.3 vide No.KaaNiEm(E)/LeSa/SaLeEa/HiSa(C)24-25/5913-16 dtd. 17.12.2024 the petitioner No.4 vide KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/5917-20 dtd. 17.12.2024 the petitioner No.5 vide No.KaaNiem(E)/LeAa/SaLeAa/HiSa(C)24-25/5909-12 dtd. 17.12.2024 the petitioner No.6 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/5901-04 - 10 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 dtd. 7.12.2024 the petitioner No.7 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/5905-08 dtd. 17.12.2024 the petitioner No.8 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/6093- 6100 dtd. 23.12.2024 the petitioner No.9 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C) 24-25/5925- 28 dtd. 17.12.2024 passed by the 3rd respondent vide Annexure-A to H and J to the writ petition. (2) After setting aside the Suspension order in petitioner No.1 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24- 25/5897-5900 dtd. 17.12.2024 the petitioner No.2 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24- 25/5921-24 dtd. 17.12.2024 the petitioner No.3 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/5913-16 dtd. 17.12.2024 the petitioner No.4 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/5917-20 dtd. 17.12.2024 the petitioner No.5 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/5909-12 dtd. 17.12.2024 the petitioner No.6 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/5901-04 dtd. 17.12.2024 the petitioner No.7 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/5905-08 dtd. 17.12.2024 the petitioner No.8 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/6093- 6100 dtd. 23.12.2024 the petitioner No.9 vide No.KaaNiEm(E)/LeAa/SaLeAa/HiSa(C)24-25/5925-28 dtd. 17.12.2024 passed by the respondent No.3 vide Annexures A to H and J direct the 3rd respondent - 11 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 No.3 to take back the petitioners with their original post. (3) And further issue writ of mandamus to direct the 3rd respondent to consider representation of the petitioners and appoint Sri.H.M. Nanjundaswamy retired district judge as a enquiry officer to enquiry charges mentioned in the show cause notice as per the order of the division bench of this Hon’ble Court in writ appeal No.261/2020 and connected matters dtd. 09.11.2020. (4) Pass such any other order as this Hon’ble Court deems fit, in the interest of justice and equity. In W.P.No.16962/2025: a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned charge memos issued by respondent No.4 against the petitioners, which are as follows: (1) Charge memo bearing No. 7904 dtd. 14.03.2025 issued to petitioner No.1. (2) Charge memo bearing No. 7901 dtd. 14.03.2025 issued to petitioner No.2. (3) Charge memo bearing No. 7906 dtd. 14.03.2025 issued to petitioner No.3. (4) Charge memo bearing No. 7902 dtd. 14.03.2025 issued to petitioner No.4. - 12 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 (5) Charge memo bearing No. 7903 dtd. 14.03.2025 issued to petitioner No.5. (6) Charge memo bearing No. 7900 dtd. 14.03.2025 issued to petitioner No.6. (7) Charge memo bearing No. 7908 dtd. 14.03.2025 issued to petitioner No.7. (8) Charge memo bearing No. 7905 dtd. 14.03.2025 issued to petitioner No.8. (9) Charge memo bearing No. 7907 dtd. 14.03.2025 issued to petitioner No.9. All of which are produced as Annexures R to R8 respectively, and pass such other and further orders as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. b) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the proposed departmental enquiry proceedings scheduled before respondent No.5 – Sri Jagannath Prasad Udgata, Enquiry Officer, under: i) Disc.Enq.No.1 (MDGR) of 2025-26 – pertaining to petitioner Nos.8, 3 and 4; ii) Disc.Enq.No.2 (MDGR) of 2025-26 – pertaining to petitioner Nos.5, 6 and 7; iii) Disc.Enq.No.3 (MDGR) of 2025-26 – pertaining to petitioner Nos.1, 9 and 2; iv) All of which are scheduled pursuant to the notices issued by respondent No.5, copies of - 13 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 which are produced as Annexures-T to T2 respectively; c) The petitioners further pray that this Hon’ble Court be pleased to direct the respondents to conduct the disciplinary enquiry, if at all warranted by following due procedure, only through Sri H.M.Nanjundaswamy, Retired District Judge, in accordance with the binding directions issued by this Hon’ble Court in Writ Appeal No.261/2020 Annexure- G dated 09.11.2020 and affirmed in W.P.No.100344/2021 and other matters vide Annexure U dated 16.02.2021, and not by any other officer. d) The petitioners also pray for such other and further orders as this Hon’ble Court may be pleased to pass in the facts and circumstances of the case, in the interest of justice and equity. 2. Brief facts, leading rise to the filing of these writ petitions are as follows: It is the case of the respondents that the petitioners appointed as Assistant Linemen in the respondent- Department. The recruitment of the employees was made, inter alia, on the basis of marks obtained in ITI certificate course. Later the petitioners have also been made - 14 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 permanent as they had successfully completed their probation. The respondents sent the marks card to the department for verification and the department has submitted a report stating that the marks card of the petitioners were not genuine. On the basis of the said report, the petitioners were kept under suspension. The petitioners, aggrieved by the order of suspension, filed these writ petitions. 3. Heard the arguments of the learned counsel for the petitioners and also learned counsel for the respondents. 4. Learned counsel for the petitioners submits that the petitioners kept under suspension for more than six months years and suspension has not been extended in writing. He submits that if it is not extended in writing as per proviso to Rule 10(5)(b) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 that the competent authority may extend the period of - 15 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 suspension beyond the period specified in this clause, only after consulting, within the said period, with the authority referred in clause (a) only if such authority recommends extension within the said period. otherwise, the order placing the Government Servant under suspension shall stand revoked automatically under this clause. He submits that the order of suspension stand revoked automatically. He submits that he has no objection to appoint an enquiry officer to hold an enquiry in regard to the validity of the marks card. He also submits that in an identical matter, similarly placed employees, approached this Court in W.P.No.46307/2018 and other connected matters. He submits that in the said writ petition, the government servant was dismissed from the service. The said writ petition came to be allowed. He submits that the respondents, aggrieved by the order passed in the said petition, preferred an appeal in W.A.No.261/2020 and connected matters. He submits that the said writ appeal - 16 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 came to be dismissed vide order 09.11.2020. Hence, on these grounds, he prays to allow these writ petitions. 5. Per contra, learned counsel for the respondents supported the impugned order and prays to dismiss the writ petition. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. It is an undisputed fact that the petitioners were working in the respondent-Department. The petitioners have submitted the marks card. On the basis of the marks obtained by the petitioners, appointed as Assistant Lineman. The respondents without holding an enquiry had passed an order of suspension. The order of suspension was passed on 17.12.2024 and 23.12.2024 in the writ appeal filed by the similarly placed petitioners in - 17 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 W.A.No.261/2020. The Division Bench has recorded its findings at para No.19, which reads as follows: “19. It is needless to observe that all the respondents/employees who have not yet been reinstated shall be reinstated into service within a period of two weeks from the date of receipt of the certified copy of this judgment, if not already reinstated. This direction is being issued since the appellants have already reinstated twelve employees and therefore, having regard to the principle of parity, all the respondents/employees shall be reinstated, if not already reinstated. It is further directed that the said reinstatement is subject to the result of the enquiry and any benefits that they have received consequential to the reinstatement shall also be subject to the result of the enquiry except the salary that they would receive for serving in the appellant’s company. To that extent, the impugned order is modified.” 8. The Division Bench has directed the respondent-Company to reinstate all the employees, wherein an enquiry is pending. The respondent did not comply with the observation made by the Division Bench in the aforesaid writ appeal. - 18 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 9. Admittedly, in the instant case, the respondents have not reinstated the petitioners into service. Further, the respondents have not passed any order of continuation of the order of suspension. In view of the proposition laid down by the Hon’ble Court in the case of AJAY KUMAR CHOUDHARY VS. UNION OF INDIA THROUGH ITS SECRETARY & ANR. reported in (2015) 7 SCC 291, held at para No.8, which reads as under: 8. Suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must perforce be of short duration. If it is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature. Departmental/disciplinary proceedings invariably commence with delay, are plagued with procrastination prior and post the drawing up of the Memorandum of Charges, and eventually culminate after even longer delay. 10. The impugned order passed by the respondents is contrary to the proposition of law laid down by the Hon’ble Apex Court in the case of AJAY KUMAR CHOUDHARY (Supra). - 19 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 11. In view of the above discussion, I proceed to pass the following: ORDER i. The Writ Petitions are allowed. ii. The impugned orders are hereby quashed. iii. The respondent – the Disciplinary Authority is directed to hold further enquiry and thereafter, pass an appropriate order in accordance with the law. iv. Smt. Premavathi Managoli, Retired District Judge is appointed as an enquiry officer to conduct an enquiry regarding the marks card submitted by the petitioners and submit a report to the Disciplinary Authority within six months from the date of the receipt of the copy of this order. v. The respondents are directed to reinstate the petitioners into service with all consequential benefits within eight weeks from the date of the receipt of the copy of this order. - 20 - HC-KAR NC: 2026:KHC:30228 WP No. 315 of 2025 C/W WP No. 16962 of 2025 vi. The consequential benefits will be subject to the outcome of the enquiry. vii. All the contentions of the parties are kept open. viii. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB