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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH, VENKATESH NAIK T.
B.K. Kishore Kumar, S/o. B.M. Krishnappa – Appellant
Versus
C.R.Umashankar – Respondent
| Table of Content |
|---|
| 1. initiation of contempt proceedings and review petition. (Para 1 , 2) |
| 2. disputes surrounding criminal proceedings and disciplinary actions. (Para 3 , 4 , 5 , 6) |
| 3. considerations regarding suspension legality. (Para 7 , 9 , 10 , 11) |
| 4. review jurisdiction scope and limitations. (Para 8 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. order to revoke suspension and continuation of departmental proceedings. (Para 20 , 21) |
| 6. conclusion on contempt proceedings. (Para 22) |
ORDER :
H.P. SANDESH, J.
Heard learned counsel appearing for the complainant in CCC No.610/2025, wherein a prayer is sought to initiate contempt proceedings against the accused and to punish them in accordance with law for having wilfully disobeyed the order passed by this Court in Writ Petition No.25080/2023 connected with Writ Petition No.18983/2024, dated 10.03.2025 (Annexure-A), and to pass appropriate orders.
2. Along with this Contempt, Review Petition No.342/2025 is also listed for consideration to review the order passed in Writ Petition No.25080/2023 connected with Writ Petition No.18983/2024, dated 10.03.2025 (Annexure-A), on the ground that the Hon'ble Apex Court has already quashed the order passed by
A suspension order may be revoked if prolonged without justification, especially when criminal proceedings are renewed; review of a prior judgment found to be necessary due to procedural errors.
Prolonged suspension of an employee without substantial evidence post-disciplinary proceedings is arbitrary and unjustified.
Suspension orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
The main legal point established is that a suspension order must be reviewed within 90 days as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and failure to do so ma....
The main legal point established in the judgment is that a suspension order must be reviewed within 90 days as per the CCS (CCA) Rules, 1965, and court judgments, and failure to do so renders the sus....
The extension of suspension orders without the recommendation of the Review Committee and failure to extend the suspension within the prescribed period rendered the suspension orders invalid.
Point of Law : Mandate of an outer limit of 3 (three) months is only for the purpose of drawing up a departmental proceeding and the requirement to undertake an exercise of review prior to the said p....
The court upheld the authority's discretion to continue suspension in the context of a pending criminal proceeding, considering the seriousness of the charges and the need for further proceedings.
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