(BY SRI. V. S. KALASURMATH, AGA) v. SRI. V. M. BANAKAR, ADVOCATE)
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 22. The State has assailed the order of the Tribunal whereby the Tribunal has set aside the order at Annexure-A8 dated 16.01.2025 whereby the employee who was the applicant before the Tribunal was suspended. The State has contended that while the order of suspension having…
Judgment
(BY SRI. V. S. KALASURMATH, AGA) …PETITIONERS - 2 - NC: 2025:KHC-D:9816-DB WP No. 105530 of 2025 HC-KAR AND: SRI. MALLIKARJUN BASAPPA SHANTAGERI S/O. BASAPPA, AGED ABOUT 48 YEARS, OCC: ASSISTANT TEACHER GRADE-II, I/C. HEAD MASTER, GOVT. MAJID HIGH SCHOOL, (KPS), SAVANUR-581118. R/O. VINAYAK NAGAR, B-BLOCK, S.P. RESIDENCE ROAD, HAVERI, TQ. & DIST. HAVERI-581110. (BY SRI. SUNIL S. DESAI, ADV. FOR SRI. V. M. BANAKAR, ADVOCATE) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED
03.04.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10204/2025 (ANNEXURE-C TO THE WRIT PETITION) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - NC: 2025:KHC-D:9816-DB WP No. 105530 of 2025 HC-KAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition has been filed calling in question the correctness of the order of the Karnataka State Administrative Tribunal (‘Tribunal’, for short) in Application No.10204/2025.
#2. The State has assailed the order of the Tribunal whereby the Tribunal has set aside the order at Annexure-A8 dated 16.01.2025 whereby the employee who was the applicant before the Tribunal was suspended. The State has contended that while the order of suspension having been set aside, no observation is made regarding power of the State to take up the enquiry proceedings. It must be noticed that what was in challenge before the Tribunal was only the order of suspension. The power to initiate enquiry being a separate power conferred upon the employer, has no nexus with the order of suspension as such. Mere setting aside the order of suspension will not come in the way of the State in taking - 4 - NC: 2025:KHC-D:9816-DB WP No. 105530 of 2025 HC-KAR appropriate proceedings for enquiry if circumstances are so made out. In light of the same, grievance of the State as made out at the time of the admission of this matter stands addressed. It is needless to clarify that the observations made by the Tribunal would not come in the way or be construed to be binding observation insofar enquiry proceedings if the same are initiated. All contentions are kept open. Accordingly, petition disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 20
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
Absence of data is not a statement about the judgment’s standing — the corpus covers only judgments we index and link with cited evidence.