Back
2025 Supreme(Online)(KAR) 11685
KARNATAKA HIGH COURT
H.P. Sandesh, Ramachandra D. Huddar, JJ
S. Mahesh – Appellant
Versus
The State of Karnataka – Respondent
WP 13796 / 2025
For the Appellants/Petitioners: Sri. Sandesh Kumar M.
For the Respondents: Sri. V. Shivareddy
The court upheld procedural fairness in administrative tribunal proceedings, emphasizing the necessity of notice before granting ex-parte stays.
Headnote:(A) Constitution of India - Articles 226 and 227 - Writ petition filed challenging the order of the Karnataka State Administrative Tribunal regarding non-grant of interim stay on suspension order. Court observed that the Tribunal's decision to require prior notice was justified, and directed the Tribunal to consider interim application by the end of May 2025. (Paras 2-5)
(B) Administrative Tribunal Act, 1985 - Section 24 - Requirement of notice to respondents before granting ex-parte stay. Court emphasized the necessity of procedural adherence in administrative tribunal proceedings. (Paras 2-4)
Facts of the case:
The petitioner sought to challenge the suspension order and requested an interim stay, which was not granted by the Tribunal, leading to the writ petition.
Findings of Court:
The Court noted the procedural requirement of notice and directed the Tribunal to consider the interim application expeditiously.
Issues: The main issue was whether the Tribunal should have granted an ex-parte stay without notice to the respondents.
Ratio Decidendi: The court upheld the Tribunal's requirement for notice, emphasizing the importance of procedural fairness in administrative proceedings.
Result: Writ petition stands disposed off with directions.
| Table of Content |
|---|
| 1. the necessity for notice before granting an ex-parte stay. (Para 2 , 3) |
| 2. the court's directive for expedited consideration of the interim application. (Para 4 , 5) |
ORAL ORDER
(PER: HON'BLE MR JUSTICE H.P.SANDESH)
Heard learned counsel for petitioner and learned Additional Government Advocate for respondent Nos.1 and 2.
2. This writ petition is filed praying to set aside the order of Karnataka State Administrative Tribunal, Bengaluru (‘the KAT’ for short) dated 09.04.2025 passed in Application No.1255/2025 at Annexure-A, wherein an observation is made by KAT that after perusal of the entire materials, we are of the considered view that it is not a case for grant of ex-parte stay dispensing notice as required under Section 24 of the Administrative Tribunal Act , 1985. Prior notice has to go to the respondents and also observed that learned Additional Government Advocate is directed to accept notice on behalf of respondent Nos.1 and 2 and directed to post the matter on 07.05.2025 for reply.
3. Now, learned counsel for the petitioner would submit that matter was posted to 07.05.2025 and long adjournment was given for about more than six weeks. Hence, there is an exigency to pass the order staying the impugned order.
4. Having considered the reasons given by the KAT as well as when KAT comes to the conclusion that notice has to go to the respondents and once the date was fixed on 07-05-2025, even if objections were not filed, the KAT ought to have given shorter date, but instead given longer date.
5. Learned Additional Government Advocate for respondent Nos.1 and 2 submits that he will file statement of objections within a week and matter can be considered with regard to interim prayer is concerned. Having taken note of said submission, learned Additional Government Advocate for respondent Nos.1 and 2 is directed to file reply within one week from today and KAT is directed to consider the interim application within the end of this month i.e., 31.05.2025.
With the above direction, the writ petition stands disposed off. All contentions of the parties are kept open to be urged before KAT.
