KALAVATHI K. N. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel appearing for the parties.

(2.) Petitioner herein is assailing order dtd. 5/5/2022 (Annexure-A) passed by fourth respondent, suspending the service of the petitioner.

(3.) Having heard the learned counsel appearing for the parties, it is forthcoming from the writ papers that, though an order of suspension is passed by the fourth respondent on 5/5/2022 (Annexure-A), no departmental enquiry is initiated against the petitioner. It is also made available by the learned counsel appearing for the petitioner that, a letter dtd. 20/2/2023 addressed by the Enquiry Officer, Taluk Panchayat, Madhugiri, wherein, a direction has been issued to the fourth respondent to reinstate the petitioner by revoking the order of suspension. In that view of the matter, taking into account the dictum of the Hon'ble Supreme Court, in the case of AJAY KUMAR CHOUDHARY Vs. UNION OF INDIA reported in (2015) 7 SCC 291, wherein it is held that, a suspension order should not be extended beyond three months if within this period, the memorandum of charge / charge-sheet is not issued to the delinquent officer, and applying the said principle to the case on hand, I am of the view that, though the order of suspension is passed on 5/5/2022, as no further action has been taken by the respondent No.4, accordingly, I pass the following: