IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.36015 OF 2019 (S-RES) BETWEEN:
SRI. J. MURALIDHAR S/O H.N.JAYARAMAIAH, DRAFTSMAN, OFFICE OF ASSISTANT EXECUTIVE ENGINEER, NO.3 NORTH SUB DIVISION, BENGALURU DEVELOPMENT AUTHORITY R.T.NAGAR BDA COMPLEX, R.T.NAGARA, BENGALURU-560 032 RESIDENTIAL ADDRESS:
NO.57, 7TH CROSS, MALLESHWARAM, BENGALURU - 560 003.
... PETITIONER (BY SRI. HANUMANTHARAYA D, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA ADDL. CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001.
2 . COMMISSIONER AND DISCIPLINARY AUTHORITY, BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020.
3 . EXECUTIVE ENGINEER OFFICE OF EXECUTIVE ENGINEER NORTH DIVISION, BENGALURU DEVELOPMENT AUTHORITY, R.T.NAGAR BDA COMPLEX, R.T.NAGARA, BENGALURU - 560 032.
... RESPONDENTS (BY SRI. M.V.RAMESH JOIS, AGA FOR R-1;
SRI. MURUGESH V.CHARATI, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SUSPENSION ORDER DTD 8.8.2019 AS PER ANNEXURE-C PASSED BY R-2 IN SO FAR AS IT RELATES TO THE W.P. HEREIN; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Both the counsel having argued the matter for some time, now are broadly in agreement with the suggestion of this Court that the 2nd respondent shall consider petitioner’s claim for revocation of suspension in terms of judgment of the Apex Court dated 16.02.2015 in Civil Appeal No.1912 of 2015 between Ajay Kumar Choudhary vs. Union of India, in a time bound manner.
In the above circumstances, this writ petition is disposed off with a direction to the 2nd respondent to consider petitioner’s claim for rescinding the suspension within a period of four weeks in accordance with law, and to inform the petitioner the result thereof immediately;
If the consideration is delayed, the 2nd respondent shall pay a cost of Rs.5,000/- to the petitioner for the delay of each week till such consideration takes place.
The amount so paid may be recovered from the erring official concerned with an adverse entry being made in the service Register.
Now, no costs.
Sd/- JUDGE DS