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2026 DAILYLAW 48488 (KAR)

DR P KALPANA v. THE CHIEF COMMISSIONER

WP/17103/2025 · 2026-01-09

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1451 WP No. 17103 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17103 OF 2025 (S-RES) BETWEEN: DR P KALPANA W/O JAYAPRAKASH R.K. AGED ABOUT 55 YEARS WORKING AS HEALTH OFFICER SOUTH ZONE, BBMP RESIDING AT 05, S-3, GOKULAM 8TH CROSS, A BLOCK, AECS LAYOUT KUNDALAHALLI, BENGALURU 560037. …PETITIONER (BY SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR SRI. CHANDRA MOHAN K., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N.R. SQUARE, BENGALURU-560002. 2. THE SPECIAL COMMISSIONER (ADMINISTRATION) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N.R. SQUARE, BENGALURU 560002. 3. ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) PUBLIC HEALTH SOUTH ZONE BENGALURU-560011 …RESPONDENTS (BY SRI. B L SANJEEV., ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-A I.E. THE SUSPENSION ORDER Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1451 WP No. 17103 of 2025 DATED: 16.05.2025 PASSED BY THE R-2 IN NO. B12-(4) P.R/18/2025-26 AND DIRECT THE REINSTATEMENT OF THE PETITIONER AS IF SHE IS IN CONTINUOUS SERVICE IN SAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has called in question the order dated 16.05.2025 passed by respondent No.2 vide Annexure-A, whereby the petitioner has been kept under suspension under Rule 10(1) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (hereinafter referred to as ‘Rules’ for short). 2. Learned senior counsel appearing for the petitioner has submitted that, till date, the departmental enquiry has not been initiated. In view of Rule 10(5)(b) of the Rules, the suspension order is deemed to have been revoked. - 3 - HC-KAR NC: 2026:KHC:1451 WP No. 17103 of 2025 3. Learned counsel appearing for the respondents- Corporation has submitted that they have already sent the charge sheet to the Government and that the same is pending approval. 4. Be that as it may, as per Rule 10(5)(b) of the Rules, if departmental inquiry is not commenced against the delinquent Government Servant or if the charge sheet is not filed in the Court within a period of six months from the date of suspension, the Competent Authority shall decide whether to revoke or continue the suspension of such Government Servant and unless decided and ordered for continuation within this period, the suspension shall be deemed to have been revoked and the petitioner has to submit a representation to the Appointing Authority seeking for order of posting. 5. Since no order has been passed under the above said Rules, I passed the following order: ORDER a) The writ petition is disposed of. - 4 - HC-KAR NC: 2026:KHC:1451 WP No. 17103 of 2025 b) The impugned order dated 16.05.2025 passed by respondent No.2 vide Annexure-A is deemed to have been revoked. c) Liberty is reserved to the petitioner to submit a representation seeking an order of posting from the Appointing Authority under Rule 10(5)(b) of the Rules. d) If such a representation is submitted within one week from today, the respondents or the Competent Authority is directed to consider the same, within two weeks from the date of receipt of the representation. In view of disposal of the writ petition, all pending applications, if any, are also disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 44