THE HIGH COURT OF KARNATAKA
ASHOK S.KINAGI
SRI.H.M.NAIK – Appellant
Versus
THE SECRETARY – Respondent
WP 31981/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 31981 OF 2025 (S-RES)
BETWEEN:
SRI. H.M.NAIK S/O. LATE. CHANDRA NAIK, AGED ABOUT 48 YEARS PRESENTLY WORKING AS HINDI TEACHER, POLICE PUBLIC SCHOOL, KORAMANGALA, BENGALURU-560 034 Digi tally signed by SUNITHA K S R/A. PILLENAHALLI, Location:
HIGH COURT KALVEHALI THANDYA, OF KARNATAKA KADUR, CHIKMAGALUR DISTRICT-577121 (NOW ORDER UNDER SUSPENSION)
…PETITIONER (BY SRI. BASAVARAJA PATEL G K., ADVOCATE)
AND:
1. THE SECRETARY POLICE PUBLIC SCHOOL EDUCATION MANAGEMENT COMMITTEE KORAMANGALA, BENGALURU 560034 2. THE PRINCIPAL POLICE PUBLIC SCHOOL (CBSE)
KORAMANGALA, BENGALURU-560 034 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE SUSPENSION ORDER IN BEARING NO- 01/PO.PA.SCO/2025-26 DATED 19.06.2025 ISSUED BY THE 1 RESPONDENT VIDE ANNEXURE-B, THE SAME IS ARBITRARY, ILLEGAL AND CONTRARY TO RULES. II. ISSUE A CONSEQUENTIAL DIRECTION TO THE 1ST RESPONDENT TO REINSTATE THE PETITIONER IN SERVICE AND TREAT HIS AS HAVING CONTINUED IN SERVICE, UNAFFECTED BY THE IMPUGNED ORDER OF SUSPENSION AND GRANT ALL THE CONSEQUENTIAL BENEFITS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
1. The petitioner has filed this writ petition seeking for the following reliefs:
i. Issue a writ in the nature of certiorari, quashing the suspension order bearing No: 01/Po.Pa.Sco/2025-26 dated 19.06.2025 issued by the 1st respondent vide Annexure B, the same is arbitrary, illegal and contrary to Rules;
ii. Issue a consequential direction to the 1st respondent to reinstate the petitioner in service and treat him as having continued in service, unaffected by the impugned order of suspension and grant all the consequential benefits;
iii. Grant such other and further reliefs as this Hon’ble court deems fit to grant under the circumstances of cases, in the interest of justice.”
2. Brief facts leading rise to the filing of this writ petition are as follows:
3. The petitioner was initially appointed as a Hindi Teacher on 05.05.2010 and he has completed his probationary period without any adverse remarks and he has discharged his duties in the said place to the best satisfaction of his superiors. One Smt.Rajeshwari M. lodged a complaint before respondent No.2 against the petitioner stating that she has given money to the petitioner to get a seat in Police Public School, for III standard admission to her brother's son i.e., Kavin Karthik. Based on the said complaint, respondent No.1 has issued a suspension order dated 19.06.2025 vide Annexure “B” by pending departmental enquiry. Thereafter, the petitioner submitted a representation dated 25.09.2025 vide Annexure “C” requesting the respondents to cancel the suspension order and release the salary. However, there was no action on the part of the respondents. It is contended that the petitioner is suffering from financial crisis and that the respondents have not paid subsistence allowance / half salary during the suspension period. It is contended that the school authority, subsequent to the order of suspension, has given admission to the said Kavin Karthik to III standard “F” section. Therefore, it is contended that the said Rajeshwari has no grievance against the petitioner. The petitioner, being aggrieved by the order of suspension vide Annexure “B”, filed this Writ Petition.
4. Heard the arguments of the learned counsel for the petitioner.
5. The learned counsel for the petitioner submits that the petitioner has not been attached with the Admission Section and the entire process was done by respondent No.1 by conducting examinations. He submits that the petitioner has been made a victim of false allegation and he has not committed any misconduct. He submits that the order of susp
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