Dr. Deepika G Vs Employees State Insurance Corporation

DR. DEEPIKA G., W/O DR.PRASAD NAVALE, AGED ABOUT 38 YEARS, WORKING AS ASSISTANT PROFESSOR (DEPARTMENT OF PHARMACOLOGY) AT ESIC MEDICAL COLLEGE AND PGIMSR RAJAJINAGAR, BENGALURU 560010, R/O No.903, PRINCETOWN ROYALE APARTMENT, SHETTIHALLI, JALAHALLI WEST, BENGALURU 560015.

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…PETITIONER

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(BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL A/W SMT. AKKAMAHADEVI HIREMATH, ADVOCATE)

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NC: 2026:KHC:2689-DB WP No. 515 of 2026 C/W WP No. 516 of 2026 WP No. 521 of 2026 AND 1 OTHER

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HC-KAR

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AND:

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EMPLOYEES STATE INSURANCE CORPORATION, HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI-110002, REPRESENTED BY ITS DIRECTOR GENERAL.

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THE MEDICAL COMMISSIONER (M. A.) HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI-110002.

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ESIC MEDICAL COLLEGE AND PGIMSR MODEL HOSPITAL, RAJAJINAGAR, BENGALURU 560010, REPRESENTED BY ITS DEAN R.

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ESIC MEDICAL COLLEGE AND HOSPITAL, SANJEEVREDDYNAGAR, SANATHNAGAR, HYDERBAD, TELANGANA STATE 500038 REPRESENTED BY ITS DEAN.

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…RESPONDENTS

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(BY SRI AMARESH N., ADVOCATE FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER OF THE CAT ORDER DATED 06/01/2026 IN OA No.16/2026 (ANNEXURE-A) ETC.

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IN WP No. 516/2026

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BETWEEN:

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DR. PADMAVATHY M., W/O A. C. JAYARAM, AGED ABOUT 53 YEARS, WORKING AS SPECIALIST, GR-I AT ESIC HOSPITAL PEENYA,

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NC: 2026:KHC:2689-DB WP No. 515 of 2026 C/W WP No. 516 of 2026 WP No. 521 of 2026 AND 1 OTHER

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HC-KAR

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BENGALURU- 560022, R/O No.721/1, PADMASHREE NILAYA, 11^TH CROSS, MES ROAD, MUTHYALANAGAR, BENGALURU- 560054.

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...PETITIONER

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(BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL A/W SMT. AKKAMAHADEVI HIREMATH, ADVOCATE

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AND:

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EMPLOYEES STATE INSURANCE CORPORATION, HQRS, OFFICE, PANCHADEEP BHAVAN, C.I.G. MARG, NEW DELHI- 110002, REPRESENTED BY ITS DIRECTOR GENERAL.

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THE MEDICAL COMMISSIONER ( M.A.), HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G. MARG, NEW DELHI- 110002.

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THE MEDICAL SUPERINTENDENT ESIC HOSPITAL, PEENYA, BANGALORE- 560022.

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THE EMPLOYEES STATE INSURANCE CORPORATION, MEDICAL COLLEGE, GULBARGA, SEDAM ROAD, KALABURGI- 585106, REPRESENTED BY ITS DEAN

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...RESPONDENTS

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(BY SRI AMARESH N., ADVOCATE FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER OF THE CAT ORDER DATED 06/01/2026 IN OA No.13/2026 (ANNEXURE-A) ETC.

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NC: 2026:KHC:2689-DB WP No. 515 of 2026 C/W WP No. 516 of 2026 WP No. 521 of 2026 AND 1 OTHER

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HC-KAR

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IN WP No. 521/2026

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BETWEEN:

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DR. GIRISHASTRI KASHIKAR, S/O SHANKAR SHASTRI KASHIKAR, AGED ABOUT 43 YEARS, WORKING AS CHIEF MEDICAL OFFICER, (CMO) FS, AT ESIC MEDICAL COLLEGE AND PGIMSR, AND MODEL HOSPITAL, RAJAJINAGAR, BENGALURU- 560 010 R/O FLAT No.5E, 208 PROVIDENT SUNWORTH, DODDABELE ROAD, VENKATAPURA, KENGERI, BENGALURU - 560 060.

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...PETITIONER

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(BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL A/W SMT. AKKAMAHADEVI HIREMATH, ADVOCATE

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AND:

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EMPLOYEES STATE INSURANCE CORPORATION, HQRS. OFFICE, PANCHADEEP BHAVAN, CIG MARG, NEW DELHI - 110002, REP. BY ITS DIRECTOR GENERAL.

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THE MEDICAL COMMISSIONER (M.A.), HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G. MARG, NEW DELHI - 110 002.

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ESIC MEDICAL COLLEGE AND PGIMSR MODEL HOSPITAL, RAJAJINAGAR, BENGALURU - 560 010, REP. BY ITS DEAN.

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EMPLOYEES STATE INSURANCE MEDICAL COLLEGE A 03, TULSI MARG, SECTOR 24, NOIDA, UTTAR PRADESH 201 301, REP. BY ITS DEAN.

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...RESPONDENTS

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(BY SRI AMARESH N., ADVOCATE FOR R1 TO R4)

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NC: 2026:KHC:2689-DB WP No. 515 of 2026 C/W WP No. 516 of 2026 WP No. 521 of 2026 AND 1 OTHER

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER OF THE CAT ORDER DATED 06/01/2026 IN OA No.14/2026 (ANNEXURE-A) ETC.

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IN WP No. 532/2026

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BETWEEN:

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DR. PRASAD C. G. S., S/O C.S. GIRIVAS, AGED ABOUT 57 YEARS, WORKING AS MEDICAL SUPERINTENDENT AT ESIC MEDICAL COLLEGE AND PGIMSR AND MODEL HOSPITAL, RAJAJINAGAR, BENGALURU 560010. R/O 713, 3^RD BLOCK, SIR MV LAYOUT, ULLALU NAGARA, BENGALURU-560110.

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...PETITIONER

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(BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL A/W SMT. AKKAMAHADEVI HIREMATH, ADVOCATE

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AND:

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EMPLOYEES STATE INSURANCE CORPORATION, HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI-110002, REPRESENTED BY ITS DIRECTOR GENERAL.

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THE MEDICAL COMMISSIONER M.A HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI-110002.

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ESIC MEDICAL COLLEGE AND PGIMSR MODEL HOSPITAL, RAJAJINAGAR, BENGALURU 560010, REPRESENTED BY ITS DEAN.

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ESIC MEDICAL COLLEGE AND PGIMSR MODEL HOSPITAL AND ODC (EZ), DIAMOND HARBOUR ROAD,

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NC: 2026:KHC:2689-DB WP No. 515 of 2026 C/W WP No. 516 of 2026 WP No. 521 of 2026 AND 1 OTHER

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HC-KAR

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JOKA KOLKATA, WEST BENGAL 700104, REPRESENTED BY ITS DEAN.

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...RESPONDENTS

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(BY SRI AMARESH N., ADVOCATE FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER OF THE CAT ORDER DATED 06/01/2026 IN OA No.15/2026 (ANNEXURE-A) ETC.

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

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Writ Petition Nos.515/2026, 516/2026, 521/2026 and 532/2026 (S-CAT) are filed against the interim orders dated 06.01.2026 in O.A. Nos.16/2026, 13/2026, 14/2026 and 15/2026 respectively, passed by the Central Administrative Tribunal, Bengaluru¹ , whereunder the petitioners' interim prayer to stay the impugned orders of suspension dated 15.12.2025 in all the OAs insofar as change of headquarters was denied.

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1 CAT

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Heard Sri Ashok Haranahalli, learned Senior Counsel for Smt. Akkamahadevi Hiremath, learned counsel appearing for the petitioners and Sri N. Amaresh, learned counsel for respondent Nos.1 to 4.

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Perused the entire writ petition papers.

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Sri Ashok Haranahalli, learned Senior Counsel for the petitioners, would submit that the petitioners, who were before the CAT questioning the orders of suspension dated 15.12.2025 in OAs, had prayed for an interim order of stay of the orders of suspension insofar as the change of headquarters is concerned. However, the Tribunal under impugned orders has erroneously rejected the petitioners' prayer contrary to paragraph 10 of the Official Memorandum dated 02.01.2014.

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3.1 Learned Senior Counsel contended that the order of suspension shall indicate the headquarters of such suspended government servants, and the authorities could consider the request of the suspended employees for a change of headquarters if there is no extra financial expenditure like the grant of T.A. etc. In the instant case, no petitioner had requested a change of headquarters and as such, the

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respondents could not have changed the headquarters from Bengaluru to places outside Karnataka.

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3.2 Learned Senior Counsel would further submit that during the pendency of challenge to the validity of suspension, the petitioners have made out prima facie case for grant of interim orders i.e. stay of suspension orders insofar as change of headquarters is concerned. Thus, he would pray for allowing the writ petitions.

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Per contra, learned counsel for the respondents would submit that the Tribunal rightly rejected the petitioners' prayer for stay of the change of headquarters and change of headquarters depends on the facts and circumstances of the case. It is submitted that, if the appointing authority is of the opinion that the suspended employee would destroy the evidence, then the appointing authority could change the headquarters of such suspended employee. In the instant case, as the authority which suspended the petitioners was of the opinion that they may destroy the evidence or material, it changed the headquarters. Thus, he would pray for dismissal of the writ petitions.

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HC-KAR

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Having heard learned counsel for the parties and on perusal of the entire writ petition papers, we are of the opinion that the petitioners have made out prima facie case for grant of interim prayer as sought before the CAT that is, to stay the change of headquarters under orders of suspension dated 15.12.2025.

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Paragraph 10 of the Office Memorandum dated

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02.01.2014 reads as under;

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"10. Headquarters during Suspension:

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An officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants and cannot leave the station without prior permission. As such, the headquarters of a Government servant should normally be assumed to be his last place of duty. The order placing an officer under suspension should clearly indicate what his headquarters would be.

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However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put Government to any extra expenditure like grant of T.A. etc. or other complications. "

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A reading of the above makes it abundantly clear that the order of suspension shall indicate the headquarters of such suspended government servant. However, it is open for the suspended employee to make a request for change of headquarters and the competent authority could change the headquarters if it is satisfied that such a course will not put the Government to any extra expenditure like, grant of T.A. etc. or other complications.

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In the instant case, it is the case of the petitioners that they have not requested for change of headquarters. In the circumstances, we are of the opinion that during the pendency of OAs before the CAT, the petitioners would be entitled to an interim orders of stay of change of headquarters as mentioned in the orders of suspension dated 15.12.2025.

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In the above view, the following order:

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(i) Writ petitions stand disposed of.

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(ii) Interim orders dated 06.01.2026 in O.A. Nos.16/2026, 13/2026, 14/2026 and 15/2026 passed by the Central Administrative Tribunal, Bengaluru, are set aside.

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