Manjunath S/O Gurushantayya Hiremath v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 108925 OF 2025 (S-KAT)

BETWEEN:

MANJUNATH S/O. GURUSHANTAYYA HIREMATH, AGE: 43 YEARS, OCC: NIL, R/O. # 103, GURUKRUPA NILAYA APARTMENT, BACKSIDE MORE SHOPPING MAUL, ANJANEYA NAGAR, BELAGAVI-590016. …PETITIONER

(BY SRI S.A.SANDUR AND SRI PRASHANT MATHAPATI, ADVOCATES.)

AND:

¶1THE STATE OF KARNATAKA, REPRESENTED BY ITS HOME SECRETARY, M.S. BUILDING, 6TH FLOOR, BENGALURU-560 001.

¶2THE COMMISSIONER OF POLICE, CITY BELAGAVI, SUBHASH NAGAR, BELAGAVI-590001. …RESPONDENTS

(BY SRI G.K.HIREGOUDAR, PRINCIPAL GOVERNMENT ADVOCATE)

Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.04 11:03:03 +0530 NC:(2025:KHC-D:16805-DB( WP(No.(108925(of(2025( ( , ,,HC-KAR( ( ( THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,226,READ, WITH,ARTICLE,227,OF,THE,CONSTITUTION,OF,INDIA,,PRAYING, TO,ISSUE,WRIT,IN,THE,NATURE,OF,CERTIORARI,QUASHING,THE, IMPUGNED, ORDER, DATED, 07.07.2025,, PASSED, BY, THE, KARNATAKA,STATE,ADMINISTRATIVE,TRIBUNAL,,BELAGAVI,,IN, APPLICATION, NO.10564/2025, PRODUCED, AT, ANNEXURE-C, BY, ALLOWING, THE, PETITION, IN, THE, INTEREST, OF, JUSTICE, AND, EQUITY,AND,ETC.,., , , THIS, WRIT, PETITION, COMING, ON, FOR, PRELIMINARY, HEARING,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , , CORAM:, THE,HON'BLE,MR.,JUSTICE,S,G,PANDIT, AND,, THE,HON'BLE,MRS,JUSTICE,GEETHA,K.B.,

ORAL(ORDER( (PER:,THE,HON'BLE,MR.,JUSTICE,S,G,PANDIT)( , , Petitioner,, a, Police, Inspector, of, respondent, No.2, is, before, this, Court, under, Article, 226, of, the, Constitution, of, India,,questioning,the,order,dated,07.07.2025,,in,Application, No.10564/2025,,passed,by,the,Karnataka,State,Administrative, Tribunal,, Belagavi, (for, short,, 'the, Tribunal'),, rejecting, the, petitioner's,challenge,to,order,of,suspension,dated,15.05.2025, (Annexure-A1)., ,

¶2Heard, learned, counsel, Sri, S.A.Sandur,, for, the, petitioner, and, learned, Principal, Government, Advocate,

Sri G.K.Hiregoudar, for the respondents and perused the entire writ petition papers.

¶3The petitioner was before the Tribunal questioning the order of suspension dated 15.05.2025, passed by the respondent authority in exercise of its power under Karnataka State Police Service (Disciplinary Proceedings) Rules, 1965 (for short, 'the 1965 Rules'). The Tribunal, by impugned order, rejected the said challenge, against which the petitioner is before this Court.

¶4Learned counsel for the petitioner would urge several grounds including the ground that it is a prolonged suspension and the respondents could not have continued to keep the petitioner under suspension for a long period that too when the charge memo, dated 18.06.2025, against the petitioner is already issued. However, learned counsel placed reliance on a Co-ordinate Bench decision of this Court in W.P. No.33395/2025 disposed of on 11.11.2025 [Sri. Srinivas T.R., Vs. The State of Karnataka & Others] to contend that this Court, in the said writ petition, has directed to constitute a

Review Committee as specified by the Circular dated

28.06.2024 under Rule 5(6) of the 1965 Rules, and has further directed the Additional Chief Secretary, Department of Home, Government of Karnataka, to consider the recommendations of the Review Committee and to take a decision in the matter.

¶5Learned Principal Government Advocate would submit that appropriate orders be passed in the light of the above decision of the Co-ordinate Bench.

¶6It is not in dispute that the petitioner was kept under suspension in terms of order at Annexure-A1, dated

15.05.2025. Admittedly, the charge memo is also issued against the petitioner on 18.06.2025. In the light of the above, it is for the Department to take a decision as to whether to continue to keep the petitioner under suspension during the pendency of the enquiry or not. In that regard, the Co-ordinate bench in the above stated writ petition has passed the following Order:

"[i] The petition stands disposed of directing the second respondent to constitute a Review Committee as specified by the Circular dated 28.06.2024 within seven [7] days from today observing that such Committee shall place its recommendations with the Additional Chief Secretary, Department of Home, Government of Karnataka within the next seven [7] days.

[ii] The Additional Chief Secretary, Department of Home, Government of Karnataka shall communicate its orders within a week from the date of receipt of the recommendation."

¶7Respectfully following the above decision of the Co-ordinate Bench, the present writ petition also requires to be disposed of in terms of order dated 11.11.2025 passed in W.P. No.33395/2025. Apart from the above, in terms of Rule 5(6) of the 1965 Rules, where a Police Officer is continued to be under suspension for more than six months, the case shall be reported to the Government for such orders as it may deem fit.

¶8In the light of the above the following:

ORDER

i) The second respondent shall refer the matter of the petitioner to the Government for continuation of suspension of the petitioner or otherwise to the competent authority/Government within a period of ten days from today, and the competent authority/Government shall take a decision thereafter within another 15 days.

ii) With the above writ petition stands disposed of.

Pending interlocutory applications, if any, stand disposed of as not surviving for consideration.

Sd/- (S G PANDIT) JUDGE

Sd/- (GEETHA K.B.) JUDGE

MRK/KMS CT-MCK List No.: 1 Sl No.: 35