D.M.PADMANABHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, a civil servant facing Crime No.12/2024 registered under Sec. 7(a) of Prevention of Corruption Act, 1988 is grieving before the Writ Court against the State Administrative Tribunal's order dtd. 25/11/2024 whereby his Application No.4596/2024 has been negatived. In the said Application, he had called in question the order of suspension dtd. 6/9/2024.

(2.) Learned counsel appearing for the Petitioner vehemently argues the following points for invalidation of the Tribunal's order:

(3.) Learned AGA appearing for the official Respondents vehemently opposes the Petition making submission in justification of the impugned order contenting that the power to suspend granted to the CEO of Zilla Panchayat under the subject Rule remains intact, notwithstanding the amendment of 2024 Rules whereby power to appoint is vested in the Commissioner - RDPR; the Rule by virtue of which automatic suspension of a public servant happens, does not say that the same is coterminous with period of detention. He further adds that the Circular dtd. 13/1/2015 which Petitioner's counsel has heavily banked upon, does not come to the aid of Petitioner since Paragraph No.7 of the said Circular empowers the competent authority to rescind or not, the suspension.