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WP No. 12547 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 12547 OF 2024 (S-KSAT)
BETWEEN:
SRI. CHIDANANDA L. B.
AGED ABOUT 43 YEARS,
S/O LAKSHMAN BADIGERE
WORKING AS DEPUTY RANGE
FOREST OFFICER,
RAJARAJESHWARI NAGAR
RANGE, BRUHAT BENGALURU
MAHANAGARA PALIKE (BBMP)
RESIDING AT NO.60,
3RD MAIN ROAD, 2ND CROSS,
BRUNDAVANA NAGAR,
TAVAREKRE BANGALORE SOUTH
Digitally BANGALORE-560029.
signed by
NARASIMHA
REPRESENTED BY HIS COUNSEL
MURTHY
SRI. VINAY BHAT &
VANAMALA
SMT. SHRIDEVI GANAPUMANE
Location:
ADVOCATE
HIGH
COURT OF
NO. 116/2, 2ND FLOOR
KARNATAKA
ABOVE UNION BANK OF INDIA
11TH CROSS MALLESHWARAM
BANGALORE - 560 003.
…PETITIONER
(BY SRI. SANDESH KUMAR M.,ADVOCATE)
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WP No. 12547 of 2024
AND:
1. THE CHIEF COMMISSIONER
BRUHAT BENGALURU MAHANAGARA
PALIKE (BBMP), N R CIRCLE
BBMP OFFICE
BENGALURU-560002.
2. DEPUTY COMMISSIONER
(ADMINISTRATION)
BRUHAT BENGALURU MAHANAGARA
PALIKE (BBMP), N R CIRCLE
BBMP OFFICE
BENGALURU-560002.
3. THE DEPUTY CONSERVATOR
OF FORESTS
BBMP FOREST WING
ANNEX BUILDING 3
N R CIRCLE, BBMP OFFICE
BENGALURU-560002.
4. ASSISTANT CONSERVATOR
OF FORESTS
BANGALORE SOUTH,
JAYANAGARA 2ND, BLOCK
9TH MAIN, NEAR BANGALORE ONE
JAYANAGARA BENGALURU-560011.
5. THE RANGE FOREST OFFICER
RAJARAJESHWARI NAGAR RANGE,
OFFICE OF THE
ZONAL COMMISSIONER
BRUHAT BENGALURU
MAHANAGARA PALIKE (BBMP)
IDEAL HOMES BENGALURU-560098.
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WP No. 12547 of 2024
6. THE RANGE FOREST OFFICER
BOMMANAHALLI RANGE
OFFICE OF THE ZONAL COMMISSIONER
BRUHAT BENGALURU MAHANAGARA
PALIKE (BBMP)
BOMMANAHALLI MAIN ROAD
BENGALURU-560068.
…RESPONDENTS
(BY SMT.SAVITHRAMMA., AGA FOR R4 TO R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS FROM THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT
OF THE IMPUGNED ORDER DATED 22/01/2024
PASSED IN APPLICATION NO.325/2024 (ANNEXURE-A)
b) SET ASIDE THE IMPUGNED ORDER DATED
22/01/2024 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL IN APPLICATION
NO.325/2024, IN SO FAR AS NON-GRANT OF INTERIM
ORDER OF STAY OF THE IMPUGNED ORDER OF
SUSPENSION DATED 22/01/2024 IS CONCERNED, AS
SOUGHT FOR BY THE PETITIONER (ANNEXURE-A) AND
CONSEQUENTLY GRANT INTERIM RELIEF AS PRAYED
FOR BY THE PETITIONER IN APPLICATION
NO.325/2024, DURING THE PENDENCY OF THE SAID
APPLICATION NO.325/2024.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY B.M. SHYAM PRASAD J, DELIVERED THE
FOLLOWING:
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WP No. 12547 of 2024
ORDER
The petitioner is aggrieved by the order in
Application No.325/2024 passed by the Karnataka
State Administrative Tribunal, Bengaluru Bench [for
short, 'Tribunal'], and the Tribunal by the impugned
order, has opined that prior notice to the respondents
would be necessary before considering grant of
interim order. The petitioner has filed this
application in No.325/2024 with the Tribunal
impugning inter alia the second respondent's order
dated 17.01.2024 [Annexure-A4 in Annexure-B], and
the second respondent, by this impugned order, has
kept the petitioner, who was working at the relevant
time as Deputy Range Forest Officer,
Rajarajeshwarinagar Range, under suspension as
contemplated under Rule-10 of the Karnataka Civil
Services [Classification, Control and Appeals] Rules,
1957.
2. Sri Sandesh Kumar M, the learned
counsel for the petitioner, submits that the
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WP No. 12547 of 2024
petitioner's specific case is that he was holding
additional charge for the post of Range Forest Officer
of Rajarajeshwarinagar Range only till 01.01.2024
and the alleged complaint about illegal felling of trees
in the private property is on 04.01.2024 and that the
concerned Range Officer is the Range Forest Officer,
Bommanahalli Range, has acted upon this complaint
and notwithstanding these circumstances, the
petitioner is kept under suspension.
3. Smt. Savithramma, the learned Additional
Government Advocate, apart from contesting the
petitioner's claim as aforesaid, submits that the
question whether there must be stay of second
respondent's Order dated 17.01.2024 [Annexure-A4
in Annexure-B] is still at large with the Tribunal and
therefore, this Court may not grant any interim order.
However, given the grounds urged and the
consezquences that could befall if despite prima facie
case, the petitioner is under suspension, this Court
is of the considered opinion that there must be stay
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WP No. 12547 of 2024
of the operation of the second respondent's Order
dated 17.01.2024 until the Tribunal considers the
petitioner's request for such Order after due
opportunity to the respondents. Hence the following:
ORDER
The petition stands disposed of
staying operation of the second
respondent's Order dated 17.01.2024
[Annexure-A4 in Annexure-B] for the
period until the Tribunal decides on the
petitioner's request for interim order, and
the Tribunal shall consider the rival
submissions uninfluenced by the interim
arrangement as provided now by this
Court.
Sd/-
JUDGE
Sd/-
JUDGE
AN/-