Karnataka High Court: Suspension Revoked If No Chargesheet In 6 Months
The Karnataka High Court has delivered a significant ruling, stating that an employee's suspension is automatically revoked if a departmental inquiry is not initiated with a chargesheet within a six-month period. The court emphasized that employees cannot be treated as "chattels" by extending their suspension indefinitely without filing a chargesheet, deeming such actions a violation of service rules. Interpreting Rule 10(5)(b) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, the court declared that suspension is "deemed revoked" from the date the initial six-month period expires, asserting that legal protections against prolonged suspension are not mere formalities but strict legal mandates. Justice M. Nagaprasanna criticized the Karnataka Industrial Areas Development Board (KIADB) for its "serious disregard" for the rule of law and for treating the deeming clause as a mere formality.
This verdict came in response to a petition filed by Shankar Yamanappa Talawar, a senior assistant at KIADB, who was suspended on December 19, 2022, due to alleged financial irregularities. Despite over two years passing, KIADB failed to file a chargesheet or commence a departmental inquiry. The Board only filed the chargesheet in April 2025, after the High Court sought clarification on the nearly 30-month delay, citing pending CID investigation. The court noted that the amendment to Rule 10(5)(b) specifically aimed to limit suspensions to six months in the absence of a chargesheet. Consequently, the High Court allowed the petition, declaring Talawar's suspension revoked from the date the initial six-month period concluded and ordered that all consequential service benefits be provided to him from that date.
Source: CourtBeat News (Kannada)
