IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NO.11721/2019(S-KSAT) BETWEEN:
MRS. GEETHA KUMARI DAS DAUGHTER OF LATE J L DAS AGED ABOUT 58 YEARS DEPUTY DRUG CONTROLLER-1 DRUG CONTROL DEPARTMENT HEAD QUARTERS, BENGALURU-560001 ... PETITIONER (BY SRI.DIWAKARA K.,ADV.) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT M.S. BUILDING DR.AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2. DRUG CONTROLLER (INCHARGE) DRUG CONTROL DEPARTMENT HEADQUARTERS PALACE ROAD BENGALURU-560 001 ... RESPONDENTS (BY SRI.I.TARANATH POOJARY, AGA. FOR R1 & R2) THIS W.P FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER APPLICATION NO.610/2019 DATED:05.03.2019(ANNEXURE-A)PASSED BY KARNATAKA ADMINISTRATIVE TRIBUNAL, AT BENGALURU, QUASH THE IMPUGNED SUSPENSION ORDER DTD:14.1.2019 [ANNEXURE-A4 OF ANNEXURE-B] PASSED BY RESPONDENT-1 AND THE OFFICE ORDER [ANNEXURE-A5 OF ANNEXURE-B] TO PETITIONER DTD:16.1.2019 ISSUED BY THE RESPONDENT-2 AGAINST THE PETITIONER THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
ORDER What was assailed by the petitioner before the Karnataka State Administrative Tribunal, Bengaluru (hereinafter referred to as the “Tribunal” for the sake of convenience) in Application No.610/2019 was an order of suspension dated 14.1.2019 and communication thereof dated 16.1.2019. The said application has been dismissed by the impugned order dated 5.3.2019. Being aggrieved, the petitioner has preferred this writ petition.
2. We have heard the learned counsel for the petitioner and learned Additional Government Advocate for respondents. Perused the material on record.
3. What was impugned before the Tribunal was an order of suspension dated 14.1.2019 and office order dated 16.1.2019 implementing the order of suspension. The said application has been dismissed by the Tribunal vide order dated 5.3.2019.
4. Under Sub-Rule 5(a) of Rule 10 of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (hereinafter referred to as the “Rules” for the sake of brevity), an order of suspension made or deemed to have been made under this Rule shall continue to remain in force until it is modified or revoked by the authority competent to do so. Under Rule 5(c) of the said Rules, an order of suspension made or deemed to have been made under this Rule may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
5. In the circumstances, at this stage we do not deem it appropriate to consider the impugned order of suspension on merits as the learned Additional Government Advocate submits that steps have been taken to initiate disciplinary action against the petitioner herein.
6. However, we reserve liberty to the petitioner to seek revocation of the order of suspension dated 14.1.2019. If any such representation is made by the petitioner seeking revocation of the impugned order of suspension, the concerned authority shall consider the same on its own merit and in accordance with law and pass a speaking order thereon in an expeditious manner.
7. With the aforesaid observations and directions, writ petition is disposed of.
Sd/- JUDGE Sd/- JUDGE DM/-