A petitioner, suspended as a Panchayat Development Officer, approached the High Court due to the Tribunal's refusal to grant an interim order. The Court held the case should be attended to the Tribunal with a request for an early hearing.
The writ petition was disposed of, directing the petitioner to request an early hearing before the Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:33948-DB WP No. 22814 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
WRIT PETITION NO. 22814 OF 2024 (S-KSAT)
BETWEEN:
SMT. MAMATHA A.V. W/O SRI. KIRAN AGED ABOUT 38 YEARS PRESENTLY WORKING AS PANCHAYATH DEVELOPMENT OFFICER SULIKERE GRAMA PANCHAYATH BENGALURU URBAN DISTRICT R/AT. NO.20, SHIRKE APARTMENTS KENGERI SATELLITE TOWN BENGALURU-560 060
…PETITIONER
(BY SRI. UDAY K.S., ADVOCATE)
AND:
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
RURAL DEVELOPMENT AND PANCHAYATH RAJ M.S. BUILDING, BENGALURU-560 001
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA., AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (a) CALL FOR RECORDS (b) QUASH/CALL FOR RECORDS PERTAINING TO THE IMPUGNED SUSPENSION ORDER No.ADALITA (1) CCA/04/2023-25, BENGALURU DATED 13.08.2024 PASSED BY THE SECOND RESPONDENT (ANNEXURE-A1) AND SET ASIDE THE SAID IMPUGNED ORDER IN SO FAR IT RELATES TO THE PETITIONER IS CONCERNED AND DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONER AS PANCHAYATH DEVELOPMENT OFFICER, SULIKERE GRAMA PANCHAYATH, BENGALURU URBAN DISTRICT BY EXTENDING ALL CONSEQUENTLY BENEFITS ARISING THERETO AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ petition is filed complaining of non-grant of interim order in an application filed challenging an order of suspension. It is submitted that the order of suspension was passed on 13.08.2024 by the CEO of Zilla Panchayat. It is submitted that the petitioner herein is Panchayat Development Officer (PDO) which is a Group-B post and that the CEO of Zilla Panchayat has absolutely no competence on jurisdiction to pass
an order of suspension as against the Group - B officer. It is submitted that though this matter was specifically brought to the attention of the Tribunal, no interim order was granted by the Tribunal.
for an early hearing, the same shall be appropriately considered and order may be passed taking note of the contentions of the petitioner as well as the provisions of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 and the C&R Rules of Department and taking note of the judgments of the Tribunal as well.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(G BASAVARAJA) JUDGE
MH/List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the High Court should grant an interim order in a writ petition challenging the suspension of a Panchayat Development Officer. Whether the matter requires an early hearing before the Tribunal.
Smt. Mamatha A.V.
The Principal Secretary, Rural Development and Panchayath Raj
The Chief Executive Officer, Bengaluru Urban Zilla Panchayath
Anu Sivaraman
G. Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
