Sri. Pradeep Kumar. H. S. Vs the State of Karnataka

SRI PRADEEP KUMAR H. S. S/O. SRI SATYANARAYANA AGED ABOUT 38 YEARS WORKING AS ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES / ENQUIRY OFFICER 1^ST ZONE, BENGALURU URBAN DISTRICT 1^ST FLOOR, SAHAKARA SOUDHA 8^TH CROSS, MARGOSA ROAD MALLESHWARAM BENGALURU- 560 003. AND ALSO AT

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

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WORKING AS ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (ADDITIONAL CHARGE) RAMANAGARA SUB-DIVISION WARD NO.30, MALLESHWARAM LAYOUT BEHIND MALLESHWARA TEMPLE IJOOR, RAMANAGARA. (NOW UNDER SUSPENSION) AND RESIDING AT 2^ND CROSS BHEEMAIAH COLONY B. M. ROAD HASSAN - 573 201.

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…PETITIONER

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(BY SRI B.L. SANJEEV, ADVOCATE)

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2 - NC: 2025:KHC:2419-DB WP No. 673 of 2025

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION

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M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001.

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REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI RAVINDRANATH B., A.G.A.)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 9-1-2025 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, IN APPLICATION No.52 OF 2025 IN SO FAR AS IT PERTAINS TO REFUSING INTERIM ORDER TO THE PETITIONER, VIDE ANNEXURE-B.

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THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and

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HON'BLE MR JUSTICE VENKATESH NAIK T

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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This writ petition is filed seeking a direction for quashing

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the order dated 9-1-2025 passed by the Karnataka State Administrative Tribunal, Bengaluru, in Application No.52 of 2025 in so far as it pertains to refusing interim order to the petitioner.

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3 - NC: 2025:KHC:2419-DB WP No. 673 of 2025

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Sri B.L. Sanjeev, learned counsel for the petitioner, submits that the petitioner was appointed as an Inspection Officer to conduct inspection with regard to misappropriation in Karnataka State Co-Operative Credit Societies Federation Limited within a timeframe of one month. Further, as the one month period was about to expire, on 24-6-2024, the petitioner made a representation to respondent No.2 requesting for extension of time and by accepting the request of the petitioner, by order dated 25-7-2024, respondent No.2 granted extension for a period up to 29-8-2024. In the meantime, the Chief Executive, Karnataka State Co-Operative Credit Societies

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Federation Limited, filed Writ Petition No.23075 of 2024 (CS-RES) wherein, by an interim order dated 27-8-2024, this Hon'ble Court stayed the order dated 29-5-2024 passed by respondent No.2 for investigation. The petitioner forwarded the said interim order to respondent No.2. Further, in spite of time extended till 29-8-2024 to complete the inspection and submit the report and the stay order dated 27-8-2024 passed by this Hon'ble Court, respondent No.2 issued a show-cause notice on 28-11-2024, which was served on the petitioner on 10-12-2024

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and the petitioner submitted his reply along with the

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4 -

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NC: 2025:KHC:2419-DB WP No. 673 of 2025

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documents on 13-12-2024. Further, without considering the reply of the petitioner, on 3-1-2025, respondent No.2 passed the suspension order. The petitioner challenged the suspension order in Application No.52 of 2025 before the Tribunal, Bengaluru, and the Tribunal issued notice to the respondents and refused to grant stay of suspension order. Aggrieved by the refusal to pass interim order, the petitioner has filed this writ petition.

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Learned counsel further submits that the order of suspension passed by respondent No.2 is in utter contravention of Rule 10(1)(d) read with 10(3) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. Respondent No.2 while placing the petitioner under suspension has not at all taken into consideration the material on records and has not examined the relevant material relating to the case to consider as to whether there is prima-facie evidence exist to support the charge made against him. This aspect of the matter has not been taken into consideration by the Tribunal while refusing interim order. Hence, he prays to allow the petition.

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5 -

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NC: 2025:KHC:2419-DB WP No. 673 of 2025

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Per contra , Sri Ravindranath B., learned Additional Government Advocate for respondent Nos.1 and 2, submits that main application is pending adjudication before the Tribunal.

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Keeping in view the submission made by the learned Additional Government Advocate and without expressing any opinion in the matter, the writ petition stands disposed of , with a direction to the Tribunal to expedite the proceedings in Application No.52 of 2025 by providing opportunity to the parties. All contentions are kept open.

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Pending applications, if any, shall stand disposed of.

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Sd/-

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(K.SOMASHEKAR) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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KVK

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List No.: 1 Sl No.: 22

Sri. Pradeep Kumar. H. S. v. the State of Karnataka

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Sri. Pradeep Kumar. H. S. v. the State of Karnataka

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