DR. DEEPIKA G v. EMPLOYEES STATE INSURANCE CORPORATION
WP/515/2026 · 2026-01-19
K V Aravind, S G Pandit
body2026
DailyLaw.ai
[ 2026 DAILYLAW 45669 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45669 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:2689-DB WP No. 515 of 2026 C/W WP No. 516 of 2026 WP No. 521 of 2026 AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 515 OF 2026 (S-CAT) C/W WRIT PETITION No. 516 OF 2026 (S-CAT) WRIT PETITION No. 521 OF 2026 (S-CAT) WRIT PETITION No. 532 OF 2026 (S-CAT)
IN WP No. 515/2026
BETWEEN:
1.
DR. DEEPIKA G., W/O DR.PRASAD NAVALE, AGED ABOUT 38 YEARS, WORKING AS ASSISTANT PROFESSOR (DEPARTMENT OF PHARMACOLOGY) AT ESIC MEDICAL COLLEGE AND PGIMSR RAJAJINAGAR, BENGALURU 560010, R/O No.903, PRINCETOWN ROYALE APARTMENT, SHETTIHALLI, JALAHALLI WEST, BENGALURU 560015. …PETITIONER
(BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL A/W SMT. AKKAMAHADEVI HIREMATH, ADVOCATE)
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:2689-DB WP No. 515 of 2026 C/W WP No. 516 of 2026 WP No. 521 of 2026 AND 1 OTHER
AND:
1.
EMPLOYEES STATE INSURANCE CORPORATION, HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI-110002, REPRESENTED BY ITS DIRECTOR GENERAL.
2.
THE MEDICAL COMMISSIONER (M. A.) HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI-110002.
3.
ESIC MEDICAL COLLEGE AND PGIMSR MODEL HOSPITAL, RAJAJINAGAR, BENGALURU 560010, REPRESENTED BY ITS DEAN R.
4.
ESIC MEDICAL COLLEGE AND HOSPITAL, SANJEEVREDDYNAGAR, SANATHNAGAR, HYDERBAD, TELANGANA STATE 500038 REPRESENTED BY ITS DEAN. …RESPONDENTS (BY SRI AMARESH N., ADVOCATE FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER OF THE CAT
ORDER DATED 06/01/2026 IN OA No.16/2026 (ANNEXURE-A) ETC. IN WP No. 516/2026
BETWEEN:
1. DR. PADMAVATHY M., W/O A. C. JAYARAM, AGED ABOUT 53 YEARS, WORKING AS SPECIALIST, GR-I AT ESIC HOSPITAL PEENYA,
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HC-KAR NC: 2026:KHC:2689-DB WP No. 515 of 2026 C/W WP No. 516 of 2026 WP No. 521 of 2026 AND 1 OTHER
BENGALURU- 560022, R/O No.721/1, PADMASHREE NILAYA, 11TH CROSS, MES ROAD, MUTHYALANAGAR, BENGALURU- 560054. ...PETITIONER
(BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL A/W SMT. AKKAMAHADEVI HIREMATH, ADVOCATE
AND:
1. EMPLOYEES STATE INSURANCE CORPORATION, HQRS, OFFICE, PANCHADEEP BHAVAN, C.I.G. MARG, NEW DELHI- 110002, REPRESENTED BY ITS DIRECTOR GENERAL. 2. THE MEDICAL COMMISSIONER ( M.A.), HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G. MARG, NEW DELHI- 110002. 3. THE MEDICAL SUPERINTENDENT ESIC HOSPITAL, PEENYA, BANGALORE- 560022. 4. THE EMPLOYEES STATE INSURANCE CORPORATION, MEDICAL COLLEGE, GULBARGA, SEDAM ROAD, KALABURGI- 585106, REPRESENTED BY ITS DEAN ...RESPONDENTS
(BY SRI AMARESH N., ADVOCATE FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER OF THE CAT ORDER DATED 06/01/2026 IN OA No.13/2026 (ANNEXURE-A) ETC. - 4 -
HC-KAR NC: 2026:KHC:2689-DB WP No. 515 of 2026 C/W WP No. 516 of 2026 WP No. 521 of 2026 AND 1 OTHER
IN WP No. 521/2026
BETWEEN:
1. DR. GIRISHASTRI KASHIKAR, S/O SHANKAR SHASTRI KASHIKAR, AGED ABOUT 43 YEARS, WORKING AS CHIEF MEDICAL OFFICER, (CMO) FS, AT ESIC MEDICAL COLLEGE AND PGIMSR, AND MODEL HOSPITAL, RAJAJINAGAR, BENGALURU- 560 010 R/O FLAT No.5E, 208 PROVIDENT SUNWORTH, DODDABELE ROAD, VENKATAPURA, KENGERI, BENGALURU - 560 060. ...PETITIONER (BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL A/W SMT. AKKAMAHADEVI HIREMATH, ADVOCATE
AND:
1. EMPLOYEES STATE INSURANCE CORPORATION, HQRS. OFFICE, PANCHADEEP BHAVAN, CIG MARG, NEW DELHI - 110002, REP. BY ITS DIRECTOR GENERAL. 2. THE MEDICAL COMMISSIONER (M.A.), HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G. MARG, NEW DELHI - 110 002. 3. ESIC MEDICAL COLLEGE AND PGIMSR MODEL HOSPITAL, RAJAJINAGAR, BENGALURU - 560 010, REP. BY ITS DEAN. 4. EMPLOYEES STATE INSURANCE MEDICAL COLLEGE A 03, TULSI MARG, SECTOR 24, NOIDA, UTTAR PRADESH 201 301, REP. BY ITS DEAN.
...RESPONDENTS (BY SRI AMARESH N., ADVOCATE FOR R1 TO R4)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER OF THE CAT ORDER DATED 06/01/2026 IN OA No.14/2026 (ANNEXURE-A) ETC. IN WP No. 532/2026
BETWEEN:
1. DR. PRASAD C. G. S., S/O C.S. GIRIVAS, AGED ABOUT 57 YEARS, WORKING AS MEDICAL SUPERINTENDENT AT ESIC MEDICAL COLLEGE AND PGIMSR AND MODEL HOSPITAL, RAJAJINAGAR, BENGALURU 560010. R/O 713, 3RD BLOCK, SIR MV LAYOUT, ULLALU NAGARA, BENGALURU-560110. ...PETITIONER (BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL A/W SMT. AKKAMAHADEVI HIREMATH, ADVOCATE
AND:
1. EMPLOYEES STATE INSURANCE CORPORATION, HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI-110002, REPRESENTED BY ITS DIRECTOR GENERAL. 2. THE MEDICAL COMMISSIONER M.A HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI-110002. 3. ESIC MEDICAL COLLEGE AND PGIMSR MODEL HOSPITAL, RAJAJINAGAR, BENGALURU 560010, REPRESENTED BY ITS DEAN. 4. ESIC MEDICAL COLLEGE AND PGIMSR MODEL HOSPITAL AND ODC (EZ), DIAMOND HARBOUR ROAD,
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JOKA KOLKATA, WEST BENGAL 700104, REPRESENTED BY ITS DEAN. ...RESPONDENTS (BY SRI AMARESH N., ADVOCATE FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER OF THE CAT ORDER DATED 06/01/2026 IN OA No.15/2026 (ANNEXURE-A) ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Writ Petition Nos.515/2026, 516/2026, 521/2026 and 532/2026 (S-CAT) are filed against the interim orders dated 06.01.2026 in O.A. Nos.16/2026, 13/2026, 14/2026 and 15/2026 respectively, passed by the Central Administrative Tribunal, Bengaluru1, whereunder the petitioners' interim prayer to stay the impugned orders of suspension dated 15.12.2025 in all the OAs insofar as change of headquarters was denied. 1 CAT
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2. Heard Sri Ashok Haranahalli, learned Senior Counsel for Smt. Akkamahadevi Hiremath, learned counsel appearing for the petitioners and Sri N. Amaresh, learned counsel for respondent Nos.1 to 4. Perused the entire writ petition papers. 3. Sri Ashok Haranahalli, learned Senior Counsel for the petitioners, would submit that the petitioners, who were before the CAT questioning the orders of suspension dated 15.12.2025 in OAs, had prayed for an interim order of stay of the orders of suspension insofar as the change of headquarters is concerned. However, the Tribunal under impugned orders has erroneously rejected the petitioners' prayer contrary to paragraph 10 of the Official Memorandum dated 02.01.2014. 3.1 Learned Senior Counsel contended that the order of suspension shall indicate the headquarters of such suspended government servants, and the authorities could consider the request of the suspended employees for a change of headquarters if there is no extra financial expenditure like the grant of T.A. etc. In the instant case, no petitioner had requested a change of headquarters and as such, the
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respondents could not have changed the headquarters from Bengaluru to places outside Karnataka. 3.2 Learned Senior Counsel would further submit that during the pendency of challenge to the validity of suspension, the petitioners have made out prima facie case for grant of interim orders i.e. stay of suspension orders insofar as change of headquarters is concerned. Thus, he would pray for allowing the writ petitions. 4.
Per contra, learned counsel for the respondents would submit that the Tribunal rightly rejected the petitioners' prayer for stay of the change of headquarters and change of headquarters depends on the facts and circumstances of the case. It is submitted that, if the appointing authority is of the opinion that the suspended employee would destroy the evidence, then the appointing authority could change the headquarters of such suspended employee. In the instant case, as the authority which suspended the petitioners was of the opinion that they may destroy the evidence or material, it changed the headquarters. Thus, he would pray for dismissal of the writ petitions. - 9 -
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5. Having heard learned counsel for the parties and on perusal of the entire writ petition papers, we are of the opinion that the petitioners have made out prima facie case for grant of interim prayer as sought before the CAT that is, to stay the change of headquarters under orders of suspension dated
15.12.2025. 6. Paragraph 10 of the Office Memorandum dated 02.01.2014 reads as under;
"10. Headquarters during Suspension:
An officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants and cannot leave the station without prior permission. As such, the headquarters of a Government servant should normally be assumed to be his last place of duty. The order placing an officer under suspension should clearly indicate what his headquarters would be. However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put Government to any extra expenditure like grant of T.A. etc. or other complications."
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7. A reading of the above makes it abundantly clear that the
order of suspension shall indicate the headquarters of such suspended government servant. However, it is open for the suspended employee to make a request for change of headquarters and the competent authority could change the headquarters if it is satisfied that such a course will not put the Government to any extra expenditure like, grant of T.A. etc. or other complications.
8. In the instant case, it is the case of the petitioners that they have not requested for change of headquarters. In the circumstances, we are of the opinion that during the pendency of OAs before the CAT, the petitioners would be entitled to an interim orders of stay of change of headquarters as mentioned in the orders of suspension dated 15.12.2025.
9. In the above view, the following order:
(i) Writ petitions stand disposed of. (ii) Interim orders dated 06.01.2026 in O.A. Nos.16/2026, 13/2026, 14/2026 and 15/2026 passed by the Central Administrative Tribunal, Bengaluru, are set aside.
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(iii) Suspension orders dated 15.12.2025 (Annexure-A1) in the afore-stated OAs are stayed insofar as change of headquarters only.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
MV List No.: 2 Sl No.: 9