G D NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Art 226 of the Constitution, the petitioner has challenged the validity of the order dated 11-2-1982 (Annexure-W) passed by the State Government, in exercise of the power under sub-rule (1) of the Karnataka Civil Services (C.C.A.) Rules, 1957 (hereinafter referred to as 'the Rules ) placing the petitioner under suspension pending enquiry. The impunged order reads as follows: GOVERNMENT OF KARNATAKA No.ED 16 DGD 82. Karnataka Government/ Secretariat, Vidhana Soudha, Bangalore Dt. 11th Feb 1982 Notification In exercise of the powers conferred under R 10 of the Karnata,ka Civil Services (C.C.A.) Rules, 1957, Sri G.D.Naik, Principal, Government Junior College, Aland, Gulbarga Dt, is placed under suspension with immediate effect, pending inquiry against him and he shall be entitled to subsistence allowance as per the provisions of Karnataka Civil Services Rules during the period of suspension. By Order and in the name of the Governor of Karnataka, Sd/-V.G.Navalgund, Under Secy to Govt Edn, and Y.S.Dept.

(2.) Sri Narasimhan, learned High Court Government Pleader, was directed to take notice on behalf of the respondents in view of the fact that the impugned order placing the petitioner under suspension was the one passed during the pendency of WP, No.6287/79 in which an interim order was passed on 8-6-1979 staying the operation of the order dated 21-5-1979 placing the petitioner under suspension. Accordingly the learned High Court Government Pleader has appeared for the respondents and has made available all the records of the case.

(3.) It is contended on behalf of the petitioner that the impugned order is bad because, there is no enquiry pending against the petitioner; that the impugned order is intended to overcome the effect of the interim order passed by this Court in WP No.6287/79; that the impugned order is passed at the instance of Sri Chillal, Distiict Bharatiya Janata Party President and) Sri Sharanappa Hatti, Taluk President of Bharatiya Janata Party and Sri D.B. Kajamalkar, General Secretary of Congress (i) Taluk Congress Committee of Aland Taluk.