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KRISHNA S. DIXIT, C. M. JOSHI
D. M. Padmanabha, S/o. Late K. Mudalappa – Appellant
Versus
State Of Karnataka, Department Of Rural Development And Panchayath Raj, Represented By Its Principal Secretary – Respondent
ORDER :
(Krishna S. Dixit, J.)
Petitioner, a civil servant facing Crime No.12/2024 registered under Section 7(a) of Prevention of Corruption Act, 1988 is grieving before the Writ Court against the State Administrative Tribunal’s order dated 25.11.2024 whereby his Application No.4596/2024 has been negatived. In the said Application, he had called in question the order of suspension dated 06.09.2024.
2. Learned counsel appearing for the Petitioner vehemently argues the following points for invalidation of the Tribunal’s order:
i) The power to suspend is delegated to CEO of Zilla Panchayath concerned in the light of Note 2(a) of Rule 10 (8) of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957; however, w.e.f 13.03.2024, the Karnataka General Services (Development Branch and Local Administration Branch) Cadre and Recruitment (Amendment) Rules, 2024 has been amended designating the Commissioner – RDPR as the appointing authority and because of this change in law, the power to suspend has to be exercised only by the appointing authority and not the CEO.
ii) An employee after being suspended and detained for a period beyond 48 hours, stands automatically suspended by o
The power to suspend a civil servant remains with the appointing authority, and automatic suspension does not revoke upon release unless formally rescinded.
The Chief Executive Officer of a Panchayati Raj Institution cannot suspend an employee unless specifically authorized by the State Government, as the appointing authority is the Zila Parishad.
Notification and the enunciation of law in the afore-extracted order, would all lead to an unmistakable conclusion that the Commissioner is not the competent authority to place the petitioner under s....
The power of suspension should be exercised after due application of mind, with reasons recorded in writing, and not on the dictate of any outside agency.
Suspension orders must reflect independent decision-making by statutory authorities and cannot be arbitrary or merely routine; otherwise, they may violate constitutional rights.
The Collector lacks authority to suspend a Panchayat Executive Officer, highlighting the independence of Gram Panchayats and mandating adherence to principles of natural justice in disciplinary actio....
Suspension without due process and a fair inquiry is illegal, violating principles of natural justice.
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