Dr P Kalpana v. The Chief Commissioner

NC:(2026:KHC:1451( WP(No.(17103(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(9 (DAY(OF(JANUARY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(17103(OF(2025((S-RES)( BETWEEN:(( DR,P,KALPANA, W/O,JAYAPRAKASH,R.K., AGED,ABOUT,55,YEARS, WORKING,AS,HEALTH,OFFICER, SOUTH,ZONE,,BBMP, RESIDING,AT,05,,S-3,,GOKULAM, 8TH,CROSS,,A,BLOCK,,AECS,LAYOUT, KUNDALAHALLI,,BENGALURU,560037., …PETITIONER, (BY,SRI.,VIVEK,SUBBA,REDDY,,SENIOR,COUNSEL,FOR,,

SRI.,CHANDRA,MOHAN,K.,,ADVOCATE), AND:(

1., THE,CHIEF,COMMISSIONER, BRUHAT,BENGALURU,MAHANAGARA,PALIKE,(BBMP),

N.R.,SQUARE,,BENGALURU-560002., , Digitallytisignedtiby MALATHI0CHALUVA 2., THE,SPECIAL,COMMISSIONER,(ADMINISTRATION), IYENGAR BRUHAT,BENGALURU,MAHANAGARA,PALIKE,(BBMP), Location:0HIGH , N.R.,SQUARE,,BENGALURU,560002., COURTOF KARNATAKA ,

3., ZONAL,COMMISSIONER, BRUHAT,BENGALURU,MAHANAGARA,PALIKE,(BBMP), PUBLIC,HEALTH,SOUTH,ZONE, BENGALURU-560011, …RESPONDENTS, (BY,SRI.,B,L,SANJEEV.,,ADVOCATE,FOR,R1,TO,R3), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO,, QUASH, THE, ANNEXURE-A, I.E., THE, SUSPENSION, ORDER,

DATED: 16.05.2025 PASSED BY THE R-2 IN NO. B12-(4) P.R/18/2025-26 AND DIRECT THE REINSTATEMENT OF THE PETITIONER AS IF SHE IS IN CONTINUOUS SERVICE IN SAME AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

¶1In this writ petition, the petitioner has called in question the order dated

16.05.2025 passed by respondent No.2 vide Annexure-A, whereby the petitioner has been kept under suspension under Rule 10(1) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (hereinafter referred to as 'Rules' for short).

¶2Learned senior counsel appearing for the petitioner has submitted that, till date, the departmental enquiry has not been initiated. In view of Rule 10(5)(b) of the Rules, the suspension order is deemed to have been revoked.

¶3Learned counsel appearing for the respondents-Corporation has submitted that they have already sent the charge sheet to the Government and that the same is pending approval.

¶4Be that as it may, as per Rule 10(5)(b) of the Rules, if departmental inquiry is not commenced against the delinquent Government Servant or if the charge sheet is not filed in the Court within a period of six months from the date of suspension, the Competent Authority shall decide whether to revoke or continue the suspension of such Government Servant and unless decided and ordered for continuation within this period, the suspension shall be deemed to have been revoked and the petitioner has to submit a representation to the Appointing Authority seeking for order of posting.

¶5Since no order has been passed under the above said Rules, I passed the following order: ORDER a) The writ petition is disposed of.

b) The impugned order dated 16.05.2025 passed by respondent No.2 vide Annexure-A is deemed to have been revoked. c) Liberty is reserved to the petitioner to submit a representation seeking an order of posting from the Appointing Authority under Rule 10(5)(b) of the Rules. d) If such a representation is submitted within one week from today, the respondents or the Competent Authority is directed to consider the same, within two weeks from the date of receipt of the representation. In view of disposal of the writ petition, all pending applications, if any, are also disposed of accordingly.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

HA LIST NO.: 1 SL NO.: 44