H C MADAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the applicant in Application No. 4933/2010, being aggrieved by the order dated 26.07.2010, wherein the Karnataka Administrative Tribunal, Bangalore (hereinafter called 'the K.A.T.') has declined to interfere with the order of suspension of the applicant-Petitioner herein passed by the Chief Executive Officer, Zilla Panchayat, Hassan, dated 17.07.2010 and relegated the applicant the Appellate Authority, after observing that no ground was made out for interfering with the order of suspension by bypassing the remedy of appeal.

(2.) The Chief Executive Officer, Zilla Panchayat, Hassan, by order dated 17.07.2010, suspended the Petitioner-applicant on the ground that a criminal case was registered against him in C.C. No. 3100/2010 for the misconduct of issuing at false certificate while he was working as Secretary Grade-I of Village Panchayat, Kantharajapur. Being aggrieved by the said order of suspension dated 17.07.2010, the Petitioner herein filed Application No. 4933/2010 contending that the said order is passed in violation of the statutory Rules and mere pendency of the proceedings without any finding on merits in the criminal case, would not enable the Respondents to keep him under suspension.

(3.) The K.A.T., by order dated 26.07.2010, declined to entertain the application of the Petitioner - applicant by holding that no ground was made out by him to bypass the appellate remedy and further observed that the applicant can approach the Appellate Authority and work out his remedy in accordance with law and exhaust his remedy of appeal before approaching the K.A.T. Being aggrieved by the same, this appeal is filed by the applicant.