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NC: 2025:KHC:54786-DB

WP No. 38760 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

AND

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

WRIT PETITION NO. 38760 OF 2025 (S-KSAT)

BETWEEN:

SRI A M SHANKARAPPA

S/O LATE SRI. NARAYANAPPA

AGED ABOUT 50 YEARS,

SECRETARY GRADE-I AND

INCHARGE PANCHAYATH

DEVELOPMENT OFFICER,

ARIKUNTE GRAMA PANCHAYATH,

Digitally

RONURU HOBLI, SRINIVASAPURA TALUK,

signed by

VANAMALA KOLAR DISTRICT.

N

Location:

PERMANENT ADDRESS

HIGH

COURT OF

KARNATAKA

ANKALAMADUGU VILLAGE,

KADADANAMARI POST, CHINTAMANI TALUK,

CHIKKABALLAPURA DISTRICT-563125.

…PETITIONER

(BY SRI. C M NAGABUSHANA.,ADVOCATE)

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WP No. 38760 of 2025

HC-KAR

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY

THE PRINCIPAL SECRETARY,

DEPARTMENT OF RURAL DEVELOPMENT AND

PANCHAYATH RAJ, M.S. BUILDING,

DR. BR.R. AMBEDKAR VEEDHI,

BENGALURU-560 001.

2. THE CHIEF EXECUTIVE OFFICER

AND APPOINTING DISCIPLINARY AUTHORITY,

ZILLA PANCHAYATH, KOLAR-563 101.

3. THE EXECUTIVE OFFICER

TALUK PANCHAYATH,

SRINIVASAPURA TALUK,

SRINIVASAPURA, KOLAR-563 135

…RESPONDENTS

(BY SRI.S.H. RAGHAVENDRA., AGA FOR R1;

SRI. KARTHIK N., ADVOCATE FOR

SRI. M.S. DEVARAJ., ADVOCATE FOR R2 & R3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO

a) CALL FOR RECORDS PERTAINING TO THE

IMPUGNED SUSPENSION ORDER NO.JIPAMKOCDP(5)

CR.40/2025-26, DATED 07/12/2025 PASSED BY THE

SECOND RESPONDENT (ANNEXURE-A9) AND SET

ASIDE THE SAID IMPUGNED ORDER AND DIRECT THE

RESPONDENTS TO CONTINUE THE APPLICANT AS

SECRETARY GRADE-I AND INCHARGE PANCHAYATH

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WP No. 38760 of 2025

HC-KAR

DEVELOPMENT OFFICER, ARAKUNTE GRAMA

PANCHAYATH, RONURU HOBLI, SRINIVASAPURA

TALUK, KOLAR DISTRICT AND; b) CONSEQUENTLY,

SET-ASIDE THE IMPUGNED ORDER DATED 19/12/2025

PASSED BY THE HONBLE KARNATAKA STATE

ADMINISTRATIVE TRIBUNAL VIDE ANNEXURE-C IN

APPLICATION NO.5086/2025.

THIS PETITION, COMING ON FOR PRELIMINARY

HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE

THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

and

HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER

(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

The petitioner, who was working as a 'Secretary

Grade-I and In-charge Panchayat Development Officer',

Arikunte Grama Panchayat, Ronuru Hobli,

Srinivasapura Taluk, Kolar District, is kept under

suspension by the second respondent vide the order

dated 07.12.2025 in exercise of Rule 10 of the

Karnataka Civil Services [Classification, Conduct and

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WP No. 38760 of 2025

HC-KAR

Appeal] Rules, 1957 [for short, 'the CCA Rules']. The

petitioner has called this order in question with the

Karnataka State Administrative Tribunal, Bengaluru

[for short, 'the Tribunal'] in the Application

No.5086/2025 with a request for interim order to

stay the operation of this order.

2. The Tribunal has first heard the learned

counsel for the petitioner on 15.12.2025 on the

request for interim order extending an opportunity to

the learned counsel for the second respondent on

16.12.2025 and 17.12.2025. The Tribunal, after

having reserved the application for orders on the

request for interim order on 17.12.2025, has refused

to grant interim order by the impugned order. The

Tribunal has reasoned thus:

Considering the claim and counter claims

made by both the parties, the plea taken by

the applicant is to be considered by the

Enquiry Officer during the time of a regular

enquiry which going to be initiated or

contemplated to initiate against him as

mentioned in the impugned order. From the

records, it reveals that the auction amount of

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WP No. 38760 of 2025

HC-KAR

Rs.3,10,000/- has been received on

24.02.2025 and the same has been

deposited by the applicant to the account of

Gram Panchayath as per Annexure-A1 on

07.03.2025. There was a huge delay in

depositing the said auction amount into the

account of Gram Panchayath. Secondly,

when the Gram Panchayath passed the

resolution as per the document

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