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1981 Supreme(Kar) 296

K.S.PUTTASWAMY
R. S. NAIK – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.B.MANDAPPA, MURALIDHAR RAO

K. S. PUTTASWAMY, J.

( 1 ) AFTER service of notices on the respondents, this case was posted before me today for preliminary hearing 'group-B'. As agreed to by both sides, this case is treated as listed for final hearing today and is accordingly heard.

( 2 ) ISSUE rule nisi.

( 3 ) IN this petition under Art. 226 of the Constitution, the petitioner has sought for a writ in the nature of mandamus to the respondents to treat his period of suspension from 4-5-1980 to 21-10-1980 as on duty and accord him all such consequential benefits flowing from such declaration.

( 4 ) A few days before 4-6-1980, the petitioner, a member of Karnataka judicial service in the cadre of District Judges, while travelling in a passenger bus was alleged to have been involved in a drunken brawl in connection with which a complaint was lodged by a co-passenger or crew of the bus before the police. By an order no. EPS 6011980 dated 3-6-1980 (Annexure-C), this Court, on the administrative side, placed the petitioner under suspension till further orders with a direction that he should be paid the subsistence allowance permissible by the Rules. On a representation made by the petitioner, Government accepting the r











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