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2026 DAILYLAW 46106 (KAR)

SRI KIRAN KUMAR M P v. THE UNION OF INDIA

WP/1987/2026 · 2026-01-31

K V Aravind, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5838-DB WP No. 1987 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST 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. 1987 OF 2026 (S-CAT) BETWEEN: SRI KIRAN KUMAR M P (WORKING AS AN ASST. SUPERINTENDING ARCHAEOLOGICAL ENGINEER) S/O. LATE PLANI SWAMY, AGED ABOUT 43 YEARS, ARCHAEOLOGICAL SURVEY OF INDIA, KOLKATA CIRCLE, C.G.O. COMPLEX (4TH FLOOR), BLOCK-DF, SECTOR-1, SALT LAKE CITY, KOLKATA-700064 R/AT NO.2851, BALAGERI, WARD NO.17, RAMANAGAR, KARNATAKA-562159. …PETITIONER (BY SMT. SARASWATHI M., ADV.) AND: 1. THE UNION OF INDIA BY ITS SECRETARY, MINISTRY OF CULTURE, SHASTRI BHAWAN, NEW DELHI-110001. 2. THE DIRECTOR GENERAL ASI GOVERNMENT OF INDIA, ARCHAEOLOGICAL SURVEY OF INDIA, DHAROHAR BHAWAN 24, TILAK MARG, (VIGILANCE SECTION) NEW DELHI-110001. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5838-DB WP No. 1987 of 2026 3. THE SUPERINTENDING ARCHAEOLOGY 5TH FLOOR, 'F' WING, KENDRIYA SADAN, KORAMANGALA, BANGALORE-560034. …RESPONDENTS (BY SRI. PRAMOD B., CGC) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER DATED 08.12.2025 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL IN ORIGINAL APPLICATION NO. 189/2025, PRODUCED HEREWITH AS ANNEXURE-A AND ETC. THIS PETITION, 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) The petitioner is before this Court under Article 226 of the Constitution of India questioning the order dated 08.12.2025 in O.A.No.189/2025 passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru (for short, ‘the Tribunal’), dismissing the petitioner's application questioning the order of suspension dated 21.03.2025. - 3 - HC-KAR NC: 2026:KHC:5838-DB WP No. 1987 of 2026 2. Heard Smt.Saraswathi.M., learned counsel for the petitioner and Sri.B.Pramod, learned Central Government Counsel for the respondents. 3. Petitioner was before the Tribunal in the said O.A. questioning the order of suspension dated 21.03.2025. Along with the main prayer, petitioner had also sought for interim prayer to stay the order of suspension dated 21.03.2025. The Tribunal refused to grant the interim prayer against which order the petitioner was before this Court in W.P.No.1399/2025. This Court by order dated 13.05.2025 stayed the order of suspension dated 21.03.2025 till the next date of hearing. On the interim order of stay of the order of suspension, it is stated that the petitioner’s suspension was revoked by order dated 03.12.2025. Thereafter, when the O.A was listed before the Tribunal on 08.12.2025, it was brought to the notice of the Tribunal that the order of suspension is revoked by order dated 03.12.2025. - 4 - HC-KAR NC: 2026:KHC:5838-DB WP No. 1987 of 2026 4. Taking note of the same, the Tribunal dismissed the application. However, the Tribunal’s observation that the applicant filed parallel proceedings i.e., one before the Tribunal and another before the High Court of Karnataka is not correct. The writ petition filed before this Court was against the order rejecting the petitioner’s interim prayer by the Tribunal. 5. Learned counsel for the petitioner would submit that the suspension is revoked from the date of interim order and it ought to have been from the date of suspension. 6. As on this date, the order of suspension of the petitioner is revoked by order dated 03.12.2025. The regularization or otherwise of the period of suspension depends on the outcome of the enquiry. It is stated by the learned counsel for the petitioner that no charge memo is issued till this date. If the departmental enquiry is not instituted by issuing articles of charge, it is open for the - 5 - HC-KAR NC: 2026:KHC:5838-DB WP No. 1987 of 2026 petitioner to submit representation to the appropriate authority seeking regularization of the period of suspension. If such representation is made, we are sure the authorities will consider the same and pass appropriate orders. 7. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 45