Dr. v. Lokesh v the State of Karnataka
Case brief
What is this about?
Suspension of Director, Kidwai Memorial Institute of Oncology, upheld by Division Bench; writ appeal under Section 4, Karnataka High Court Act disposed of; subsistence allowance for suspension period conditional on declaration of non-employment with Government during suspension (three weeks to file); permission to function as Professor of Oncology with salary and allowances from assumption of charge; original 52-article charge-sheet dated 27.05.2024 followed by fresh charge-sheet; Institute to seek leave in pending W.P.No.17958/2024 to continue and conclude disciplinary enquiry; observations not to affect that petition; High Court of Karnataka, WA No. 27 of 2025 (S-RES), decided 09.10.2025; NC: 2025:KHC:39904-DB.
What did the court decide?
Writ appeal disposed of while upholding the Single Judge's order upholding the suspension dated 21.02.2024, with directions: (a) subsistence allowance for the suspension period upon the appellant filing a declaration (within three weeks) that he did not work anywhere with the Government during suspension; (b) the Government to permit the appellant to discharge his duties as Professor in the 2nd respondent-Institute with salary and allowances from the date he assumes charge; (c) the Institute may seek leave of the learned Single Judge in pending W.P.No.17958/2024, serve a fresh charge-sheet and conclude the enquiry expeditiously; observations not to affect the merits of W.P.No.17958/2024.