Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Kar) 22307

THE HIGH COURT OF KARNATAKA
M. Nagaprasanna, J
Shankar Yamanappa Talawar – Appellant
Versus
Chief Executive Officer And Executive Member – Respondent
WRIT PETITION No.101210 OF 2025 (S-RES)

Advocates:
For the Appellants/Petitioners: Shreevatsa Hegde
For the Respondents: Basavaraj V.Sabarad, Shashank S.Hegde

Under Rule 10(5)(b), if a departmental inquiry is not commenced or a charge sheet is not filed within six months of suspension, the suspension is deemed revoked by operation of law, unless a formal, reasoned extension order is issued by the competent authority within that period.

Headnote:(A) Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 - Rule 10(5)(b) - Suspension - Deemed revocation - Continued suspension without initiation of departmental inquiry - Rules stipulate that if a charge sheet is not filed or departmental inquiry is not commenced within six months of suspension, the competent authority must decide on revocation or extension of suspension - Absent an express order of extension, the suspension is deemed to have been revoked by operation of law upon completion of the six-month period. (Paras 8, 9, 10, 18)

(B) Service Law - Suspension - Principles of natural justice and speedy trial - Protracted suspension without charge sheet is punitive and contrary to constitutional norms - Suspension should not be a tool for indeterminate isolation and must be based on contemporaneous reasoning - Following the expiry of the statutory period, the employer is obligated to consider reinstatement or alternative posting. (Paras 12, 19, 20)

Facts of the case:
The petitioner, a government servant, was placed under suspension in late 2022 due to allegations of financial irregularities. No charge sheet was issued during the subsequent tenure of nearly three years, nor was the suspension order extended through a competent decision-making process. The petitioner repeatedly sought revocation based on the expiry of the six-month statutory period for initiation of disciplinary proceedings.

Findings of Court:
The court found that the statutory amendment introduced a mandatory deeming provision. Since no charge sheet was issued within the six-month window and no valid order extending the suspension was passed, the suspension lapsed by operation of law. The court rejected the argument that the pendency of a criminal investigation justifies indefinite suspension in the absence of disciplinary proceedings.

Issues: The central issues were whether the suspension of an employee can be continued indefinitely without the initiation of a formal departmental inquiry and whether a suspension order is automatically revoked by operation of law after a specific timeframe prescribed by service rules.

Ratio Decidendi: The court held that Rule 10(5)(b) was intended to prevent the arbitrary prolongation of suspension. The failure to issue a charge sheet or pass a timely, reasoned order for extension results in the automatic, deemed revocation of the suspension order. Pendency of criminal proceedings does not override the specific mandate of the service rules regarding disciplinary inquiries.

Result: Writ Petition allowed. Mandamus issued to reinstate the petitioner, subject to the conditions of the deemed revocation rule.

Table of Content
1. factual history regarding the petitioner's suspension and failure to initiate departmental inquiry. (Para 3 , 7)
2. rule 10(5)(b) mandates automatic revocation of suspension if charge sheet is not issued within six months. (Para 8 , 9)
3. suspension cannot be extended indefinitely without initiation of formal departmental proceedings. (Para 10 , 11 , 12)
4. precedents confirm that failure to timely issue charge sheets triggers deemed revocation of suspension. (Para 13 , 14 , 15 , 16 , 17)
5. mandamus issued for reinstatement due to operational deemed revocation of suspension. (Para 18 , 19 , 20 , 21 , 22)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO REVOKE THE SUSPENSION ORDER DATED 19-12-2022 VIDE ANNEXURE-E REINSTATE HIM.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to the respondents to revoke his suspension and grant all consequential benefits.

2. Heard Sri Shreevatsa Hegde, learned counsel appearing for the petitioner and Sri Basavaraj V.Sabarad, learned senior counsel appearing for the respondents.

3. Facts, in brief, germane are as follows: -

3.1. The petitioner joins the service of the Karnataka Industrial Areas Development Board (hereinafter referred to as ‘the Board’ for short) as a Stenographer on 11-03-2003. He is subsequently promoted and at the relevant point in time was working as a Senior Assistant at the office of the Board at Dharwad Division. The petitioner was transferred on 13-12-2022 to the office of the Executive Engineer, Davangere Zonal Office. The petitioner when he moves to report for duty at Davangere, suffers a cardiac arrest and was operated upon at SDM Narayana Heart Centre.

3.2. The petitioner then on 19-12-2022 comes to be placed under suspension on several allegations of financial irregularities committed along with other officials, in the capacity of being a Senior Assistant with regard to payment of compensation to particular land losers amounting to ₹20/- crores. The charge sheet was not issued against him, as the suspension was in contemplation of disciplinary proceedings. Since no charge sheet was issued against him despite passage of 6 months, the petitioner submits a representation in the month of June 2023, seeking revocation of suspension on the aforesaid score of non-issuance of charge sheet against him and commencement of departmental enquiry in terms of Rule 10 (5)(b) of the of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (‘the Rules’ for short). In the interregnum, the CID of Dharwad Unit had also registered an FIR in Crime No.2451 of 2022 against the petitioner and other officials working in the Board. Sanction was also sought for prosecution of the petitioner and accordingly, charge sheet in C.C.No.1072 of 2023 was filed before the III Additional Senior Civil Judge and CJM, Dharwad by the CID.

3.3. The petitioner also brought to the notice of the Competent Authority that suspension order is deemed to have been revoked in terms of the said Rule. The petitioner was also extended the benefit of subsistence allowance long after placing the petitioner was under suspension. Two years pass by. No charge sheet is issued and the petitioner was continued under suspension. It is then he approaches this Court in the subject petition seeking a direction of revocation of suspension. After filing of the present petition, the Board initiated a departmental enquiry against the petitioner and issued a show cause notice-cum-charge sheet against the petitioner, alleging that the petitioner had a role to play in the payment of ₹80,04,166/- compensation to one Smt. Yallavva and Smt. Shantavva Rudrappa in r

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2026 Supreme(Online)(Kar) 22307

THE HIGH COURT OF KARNATAKAM. Nagaprasanna, JShankar Yamanappa Talawar – AppellantVersusChief Executive Officer And Executive Member – RespondentWRIT PETITION No.101210 OF 2025 (S-RES)

Under Rule 10(5)(b), if a departmental inquiry is not commenced or a charge sheet is not filed within six months of suspension, the suspension is deemed revoked by operation of law, unless a formal, reasoned extension order is issued by the competent authority within that period.

Cases Referred (3)

THE HIGH COURT OF KARNATAKA
M. Nagaprasanna, J
Shankar Yamanappa Talawar – Appellant
Versus
Chief Executive Officer And Executive Member – Respondent
WRIT PETITION No.101210 OF 2025 (S-RES)