Sri. Loknatha M D Vs the State of Karnataka

SRI. LOKNATHA M. D., S/O DHARMAPPA N. L., AGED ABOUT 48 YEARS WORKING AS POLICE HEAD CONSTABLE (CHC NO.123), GORURU POLICE STATION, GORURU, HASSAN 573 220, R/A.No.245, HOYSALA NAGAR MAIN ROAD, BEERANAHALLI KERE, HASSAN 573 201.

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Digitally signed by VINUTHA B S Location: High Court of Karnataka

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(BY SRI LOKESH BOOVANAHALLI, ADVOCATE)

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AND:

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…PETITIONER

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THE STATE OF KARNATAKA, HOME DEPARTMENT, REP. BY ADDITIONAL CHIEF SECRETARY, ROOM No.222, II FLOOR, VIDHANA SOUDHA, BENGALURU- 560001

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THE SUPERINTENDENT OF POLICE, HASSAN THE APPOINTING AUTHORITY AND DISCIPLINARY AUTHORITY,

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2 - NC: 2026:KHC:13735-DB WP No. 7595 of 2026

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HC-KAR

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RC ROAD, OPP GOVT HOSPITAL, HASSAN-573 201.

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…RESPONDENTS

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(BY SRI V. SHIVAREDDY, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 27/02/2026 PASSED IN A.No.1875/206 VIDE ANNEXURE-A PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE DENYING TO STAY THE IMPUGNED THE ARTICLES OF CHARGES DATED 22/01/2025 BEARING No.SIBHANDI(1)/EV-01/2025 VIDE (ANNEXURE-A6) ISSUED BY THE 2^ND RESPONDENT.

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THIS PETITION, COMING ON FOR ORDERS 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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The petitioner, a Police Head Constable under suspension

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is before this Court in this writ petition aggrieved by interim order dated 27.02.2026 in Application No.1875/2026 passed by the Karnataka State Administrative Tribunal Principal Bench, Bengaluru (for short, 'the Tribunal'), whereunder the Tribunal was of the opinion that before considering the interim prayer, the respondents be notified. Accordingly, issued emergent notice to the respondents and posted it on 26.03.2026.

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HC-KAR

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Heard Sri Lokesh Boovanahalli, learned counsel for

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the petitioner and Sri V. Shivareddy, learned Additional Government Advocate for the respondents.

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The petitioner was before the Tribunal questioning the Articles of Charge issued to the petitioner under Rule 6 of the Karnataka State Police (Disciplinary Proceedings) Rules, 1965 dated 22.01.2025 and also endorsement dated 10.12.2025 (Annexure-A14), whereunder the petitioner's request to stay the departmental proceedings in view of ongoing criminal proceedings in S.C.No.205/2024 on the file of the District and Sessions Judge, Hassan, is rejected.

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Sri Lokesh Boovanahalli, learned counsel for the petitioner would contend that the respondents could not have proceeded simultaneously with department proceedings and criminal proceedings on the same incident, as the same would affect his defence in the criminal proceedings. Further, learned counsel would submit that in the departmental enquiry, if the petitioner discloses his defence, the same would have an

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adverse effect on the petitioner's case before the Criminal Court. Hence, he submits that the departmental proceedings

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HC-KAR

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needs to be stayed till the criminal proceedings in S.C.No.205/2024 is concluded.

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Sri V. Shivareddy, learned Additional Government Advocate on the other hand would submit that the petitioner's interim prayer is not rejected by the Tribunal. Moreover, he submits that there is no bar to proceed simultaneously in a criminal as well as in the department proceedings. Thus, he would pray for dismissal of the writ petition.

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Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, particularly the interim order passed by the Tribunal dated 27.02.2026, it is seen that the Tribunal has not rejected the interim prayer of the petitioner. The Tribunal has observed that before considering the interim prayer, the respondents be notified and hence issued emergent notice to the respondents fixing the next date as 26.03.2026.

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6.1 When the Tribunal has not rejected the interim prayer of the petitioner and when the matter is directed to be listed on 26.03.2026, it may not be appropriate for this Court

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5 -

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NC: 2026:KHC:13735-DB WP No. 7595 of 2026

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HC-KAR

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to answer the contentions raised by the petitioner in the

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present writ petition.

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The contentions raised are yet to be considered by the Tribunal. Hence, we decline to entertain the present writ petition. Accordingly, it stands rejected .

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Sd/(S.G.PANDIT) JUDGE

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Sd/(K. V. ARAVIND) JUDGE

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DDU List No.: 1 Sl No.: 26

Sri. Loknatha M D v. the State of Karnataka

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Sri. Loknatha M D v. the State of Karnataka

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