- 1 - HC-KAR NC: 2026:KHC:4614-DB WA No. 1247 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO.1247 OF 2024 (S-RES) BETWEEN: THE PRESIDENT CUM SECRETARY AND DISCIPLINARY AUTHORITY, BAPUJI VIDHASAMSTHE,(REGD), KALLEDEVARAPURA, JAGALUR TALUK, DAVANGERE DISTRICT – 577 528, REPRESENTED BY ITS SECRETARY …APPELLANT (BY SRI. BALARAJ A.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF HIGHER PRIMARY EDUCATION, M.S.BUILDING, BENGALURU – 560 001. 2. SRI. S. O. MANJANNA, S/O OBAIAH S.O., AGED ABOUT 43 YEARS, SERVING AS TEACHER, (KANNADA-PRESENTLY UNDER SUSPENSION) AT SRI. GHATTAPPA NAYAKA RURAL HIGH SCHOOL, CHIKKOBANAHALLI, - 2 - HC-KAR NC: 2026:KHC:4614-DB WA No. 1247 of 2024 MOLAKALMUR TALUK, CHITRADURGA DISTRICT – 577 535 3. SRI. SATHISH G. C., S/O G. B. CHANDRANNA, AGED ABOUT 54 YEARS, SERVING AS TEACHER, (SOCIAL SCIENCE PRESENTLY UNDER SUSPENSION) SRI. OBALADEVARASWAMY RURAL HIGH SCHOOL, SULTANIPURA, CHITRADURGA TALUK, CHITRADRUGA DISTRICT – 577 521. …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R1; SRI. SAGAR B. B., ADVOCATE FOR C/R2 AND R3) *** THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.5160 OF 2024 DATED 25.06.2024 IN SO FAR CLAUSES (b) AND (e) OF THE ORDER AND TO DISMISS THE WRIT PETITION FILED BY THE RESPONDENT NOS.2 AND 3, ETC. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:4614-DB WA No. 1247 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra-Court appeal has been filed impugning the order dated 25.06.2024 passed by the learned Single Judge in Writ Petition No.5160/2024 (S-RES). The writ petition was filed by the respondent Nos.2 and 3, with a prayer for setting aside the suspension order dated 10.07.2023 and for payment of the subsistence allowance for the period of suspension and also for directing the respondents to allow them to perform their duties as Teachers in the second respondent - School. 2. The parties are referred to as per their ranking before the Writ Court, for the sake of convenience. 3. In terms of Section 92(3) of the Karnataka Education Act, 1983 (hereinafter referred to as the “Education Act” for short), the suspension order would be valid for a period of six months. The appellant/respondent No.2 in the writ petition, the School had forwarded a Report for nomination of a Government representative in the Enquiry Committee to be constituted for conducting the domestic enquiry against the petitioners. The Government had nominated a representative on 06.03.2024. - 4 - HC-KAR NC: 2026:KHC:4614-DB WA No. 1247 of 2024 The petitioners were not paid the subsistence allowance for the suspension period. The suspension period beyond six months was not extended by the Government nor was the enquiry completed within six months’ period. 4. It is not in dispute that the enquiry could not get completed within a period of six months, despite the nomination of a representative by the Government on 06.03.2024. The enquiry had been completed only in the month of March 2025, much after the six months’ period got expired from the date of the suspension order, i.e. 10.07.2023. 5. The whole conduct of the second respondent-School suggests that they have not acted as mandated under the provisions of the Education Act and the rules made there under. The learned Single Judge has noted the fact that the petitioners were suspended by the order dated 10.07.2023, but the request for nomination of a Government representative on the Enquiry Committee was made only on 24.01.2024, and the Government had nominated a representative on 06.03.2024 to be part of the Enquiry Committee. The enquiry has been completed only in the month of March 2025. Therefore, as the - 5 - HC-KAR NC: 2026:KHC:4614-DB WA No. 1247 of 2024 petitioners were kept under suspension beyond a period of six months without any valid and reasonable cause, the learned Single Judge has directed the appellant/second respondent - School, to pay the salary and other benefits to the petitioners for a period after six months from the date of suspension till the final order on conclusion of the enquiry has been passed. 6. We do not find that the impugned order requires an interference, inasmuch as the order is in accordance with proviso to sub-section (3) of Section 92 of the Education Act The petitioners could not have been kept under suspension after six months and no cogent reasons are forthcoming for keeping the petitioners under suspension beyond the period of six months. We, therefore, dismiss this appeal. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE BMV* List No.: 1 Sl No.: 18 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA