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2026 DAILYLAW 51269 (KAR)

SRI KRISHNA NAYAK K N v. THE STATE OF KARNATAKA

WP/34977/2025 · 2026-01-12

K V Aravind, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1546-DB WP No. 34977 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH 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. 34977 OF 2025 (S-KSAT) BETWEEN: 1. SRI KRISHNA NAYAK K. N., S/O. LATE NEELA NAYAK, AGED ABOUT 53 YEARS, WORKING AS GAZETTED ASSISTANT, OFFICE OF THE COMMISSIONER, DEPARTMENT OF FOOD SAFETY AND DRUG ADMINISTRATION, PALACE ROAD, BANGALORE 560 001. RESIDING AT No.106, 1ST FLOOR, SHAKAMBARINAGARA, NEAR SRI RAMA TEMPLE, JP NAGAR, 1ST PHASE, BANGALORE 560 078. …PETITIONER (BY SRI PRITHVEESH M. K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF HEALTH FAMILY WELFARE, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU 560 001. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1546-DB WP No. 34977 of 2025 2. THE DRUGS CONTROLLER, DRUGS CONTROL DEPARTMENT, PALACE ROAD, BENGALURU 560 001. …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03/11/2025 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION No.1009/2025 (ANNEXURE-A). THIS PETITION, COMING ON FOR ORDERS 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) Heard Sri. Prithveesh M.K., learned counsel for the petitioner and learned Additional Government Advocate Sri. Vikas Rojipura, for respondents. 2. The petitioner is before this Court questioning the order of the Karnataka State Administrative Tribunal, - 3 - HC-KAR NC: 2026:KHC:1546-DB WP No. 34977 of 2025 Bengaluru1 dated 03.11.2025 in Application No.1009/2025 by which the petitioner's challenge to the order of suspension dated 17.03.2025 (Annexure-A8) was rejected. 3. This Court taking note of the benefit of interim order of stay of suspension before the Tribunal, stayed the order of suspension by order dated 21.11.2025 with a further direction to the authorities to take decision as contemplated under Rule 10(5)(b) of Karnataka Civil Services (Classification, Control and Appeal) Rules, 19572 and place on record opinion on whether the petitioner's suspension must be revoked or continued. As the decision was not placed before this Court, in terms of order dated 08.01.2026, issued show-cause notice as to why contempt action shall not be initiated for disobeying the order dated 21.11.2025 and why disciplinary actions shall not be recommended. 4. Today, affidavit dated 10.01.2026 of the Principal Secretary of Health and Family Welfare Department, Government of Karnataka is filed enclosing Government Order 1 the Tribunal 2 1957 Rules - 4 - HC-KAR NC: 2026:KHC:1546-DB WP No. 34977 of 2025 dated 09.01.2026 whereunder, the suspension of the petitioner is revoked and the petitioner is reinstated into service and also under Document No.09 dated 09.01.2026 articles of charge is issued under Rule 11 of 1957 Rules. 5. In the affidavit, the deponent has stated that as the Winter Session of Karnataka Legislative Assembly and Legislative Council was held between 08.12.2025 to 19.12.2025, a decision as directed could not be taken. However, there is no explanation for the subsequent delay from 19.12.2025 till order passed by this Court on 08.01.2026. It appears that the process for revocation and issuance of charge memo was initiated only on this Court issuing show cause by order dated 08.01.2026. Be that as it may. 6. We observe that the Principal Secretaries of each Department shall monitor such Court directions and take effective steps, failing which, it would lead to initiation of contempt proceedings and also may result in initiation of disciplinary proceedings against such officers. - 5 - HC-KAR NC: 2026:KHC:1546-DB WP No. 34977 of 2025 7. In the instant case as the order of suspension is revoked and articles of charge is issued, we close the writ petition as it would not require any further consideration. Writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 2 Sl No.: 3