Karnataka High Court
WP/26057/2026 of SRI.PUTTARAJU S.B. Vs THE PRINCIPAL SECRETARY on 11 September 2026
CNR: KAHC010573162026 NC: 2026:KHC:49820-DB WP No. 26057 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 26057 OF 2026 (S-KSAT) BETWEEN:
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 26057 OF 2026 (S-KSAT)
BETWEEN:
SRI. PUTTARAJU S.B.
S/O. BOREGOWDA,
AGED ABOUT 53 YEARS,
R/AT NO.9, MIG, K.H.B. COLONY,
PERIYAPATNA, MYSURU-571107.
PRESENTLY WORKING AS A
BLOCK INCLUSIVE EDUCATION
RESOURCE TEACHER (BIERT)
BLOCK RESOURCE CENTRE,
GONIKOPPA ROAD, PERIYAPATNA,
MYSURU DISTRICT-571107.
…PETITIONER
(BY SRI. VIJAY KUMAR T., ADV.)
AND:
1.
THE PRINCIPAL SECRETARY
SCHOOL EDUCATION AND
LITERACY DEPARTMENT,
M.S BUILDING,
BENGALURU-560001.
2.
DEPUTY DIRECTOR (ADMINISTRATION)
SCHOOL EDUCATION DEPARTMENT,
MYSORE DISTRICT,
MYSURU-570007.
Digitally signed by
NANJUNDACHARI
Location: High
Court of
Karnataka
HC-KAR
3.
THE BLOCK EDUCATION OFFICER (BEO)
PERIYAPATNA
MYSORE DISTRICT-571107.
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
RECORDS IN APPLICATION NO 1911/2026 ON THE FILE OF HONBLE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU; ISSUE ANY APPROPRIATE ORDER OF DIRECTION OR A WRIT IN THE
NATURE OF CERTIORARI TO SET ASIDE THE ORDER DATED
09.07.2026 PASSED IN APPLICATION NO 1911/2026 BY THE HONBLE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU, VIDE ANNEXURE-C. CONSEQUENTLY SET ASIDE THE IMPUGNED
ORDER OF TRANSFER DATED 09.02.2026, REVOKING THE ORDER OF
SUSPENSION OF THE PETITIONER, PENDING THE DEPARTMENTAL
ENQUIRY AND HIS LIEN HAS BEEN SHIFTED TO GOVERNMENT
HIGHER PRIMARY SCHOOL, CHATARE HUNDI, H.D. KOTE, MYSURU, PASSED BY THE 2ND RESPONDENT I.E, THE DEPUTY DIRECTOR OF
PUBLIC
INSTRUCTIONS,
MYSURU
DISTRICT,
MYSURU,
VIDE
ANNEXURE A12 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Petitioner is before this Court questioning order dated 09.07.2026 in Application No.1911/2026 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal), wherein, the petitioner’s request
HC-KAR
to quash portion of the order dated 09.02.2026 (Annexure-A12) posting the petitioner to Government Higher Primary School, Chatarehundi, H.D.Kote Taluk on revocation of his suspension is rejected.
2. Heard learned counsel Sri.Vijay Kumar.T., for petitioner as well as learned Additional Government Advocate Sri.Vikas Rojipura for respondents. Perused the entire writ petition papers.
3. Learned counsel for the petitioner would submit that the petitioner was suspended under order dated 20.01.2026 (Annexure-A10) on the allegation that he had without permission contested the election to the Karnataka State Government Employees Association, Mysuru District. The said suspension was revoked under order dated 09.02.2026. However, the petitioner was posted to a different school on revocation of suspension. At the time of suspension, the petitioner was working as Block Education Resource Person, Periyapatna, Mysuru. However, on
HC-KAR
revocation of suspension, the petitioner is posted to Government Higher Primary School, Chatarehundi, H.D.Kote Taluk. Questioning the portion of the order posting the petitioner to Government Higher Primary School, Chatarehundi, H.D.Kote Taluk, the petitioner was before the Tribunal. The Tribunal under impugned order rejected the petitioner’s Application and refused to quash the posting of the petitioner to a different place. While dismissing the Application, the Tribunal has taken note of Rule 10(6) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short, ‘CCA Rules’), where it specifies that on revocation of suspension, the Government servant shall not be posted to the same place/post from which he was suspended. Questioning the said order of the Tribunal, the petitioner is before this Court in this writ petition.
4. Learned counsel Sri.Vijay Kumar.T., for petitioner would contend that there is no misconduct on
HC-KAR
the part of the petitioner to keep the petitioner under suspension and moreover, he submits that when the suspension is revoked, the respondents could not have posted the petitioner to a different place. It is his specific submission that there is no misconduct which warrants the posting of petitioner to a different place. Further, learned counsel for the petitioner also submits that the petitioner has not contested in the election as alleged. However, he submits that he is a nominated member to the Karnataka State Government Employees Association, Mysuru. Further, he submits that the petitioner has already resigned from the said membership. Thus, he would pray for allowing the writ petition.
5. Learned Additional Government Advocate Sri.Vikas Rojipura would support the order passed by the Tribunal and would submit that on revocation of suspension, it is for the State Government to post such Government servant to a different place upon revocation
HC-KAR
of suspension since the enquiry is pending against the said Government servant.
6. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are not inclined to interfere with the impugned order passed by the Tribunal, for the following reasons:
Admittedly, the petitioner was kept under suspension alleging certain misconduct under order dated 20.01.2026. Subsequently, suspension of the petitioner is revoked under order dated 09.02.2026, pending enquiry against the petitioner and the petitioner is posted to Government Higher Primary School, Chatarehundi, H.D.Kote Taluk. When the suspension is revoked pending departmental enquiry, it is for the State Authorities to post such Government servant on revocation to another place. The purpose of posting a government servant to a different place when enquiry is pending against Government servant is to see that the petitioner is out of mischief zone
HC-KAR
and to see that the petitioner would not tamper with the material witnesses or documents. The Tribunal while dismissing the prayer of the petitioner has also taken note of Sub-Rule (6) of Rule 10 of CCA Rules. We do not find any error or illegality in the order passed by the Tribunal.
7. For the reasons recorded above, writ petition stands rejected.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE
NC CT:bms List No.: 1 Sl No.: 3